Savitri Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14101 of 2017 ======================================================

1. Savitri Devi, wife of Late Sahdeo Prasad.

2. Ajay Prasad alias Ajay Kumar

3. Sanjay Prasad alias Sanjay Kumar Both sons of Late Sahdeo Prasad All residents of village Daya Chak, near Station Baazar, Barh, P.O. and P.S. Barh, District Patna ... ... Petitioners

Versus

1. The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna

2. The Collector cum District Magistrate, Patna District.

3. The Additional Collector, Patna District .......... Respondents 1st Set

4. Smt. Shila Devi, wife of Shri Anil Kumar

5. Anil Kumar son of Shri Arjun Prasad Both residents of Mauja Machiar Hata Ward No. 8/17k, P.O. and P.S Barh, District Patna .... .... .... .... Respondents 2nd Set

6. Smt. Kanchan alias Dobi

7. Smt. Kanak alias Mona Both daughters of Shri Dilip Kumar,

8. Sri Dilip Kumar son of late RamLakhan Sao. All residents of Mohalla Daya Chak, P.O. and P.S. Barh, District Patna ... ...Respondents 3rd Set Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Braj Kishore Singh Chouhan, Advocate For the Respondents :

Mr.Rishi Raj Sinha -SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-03-2021 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Learned counsel appearing on behalf of the petitioners submits that the appeal preferred by the petitioners bearing Cancellation Appeal No. 07 of 2016-17 is pending before the Collector, Patna. Pendency of the writ application will not come in the way of the Collector, Patna in deciding the appeal. Considering the aforesaid, the writ application is

Patna High Court CWJC No.14101 of 2017(3) dt.16-03-2021 2/2 disposed of with liberty to the petitioners to pursue the appeal preferred by them against the decision of the Additional Collector, Patna in Jamabandi Cancellation Case No. 32 of 2014-15. In the event the decision of the Appellate Authority goes against the petitioners, remedy of the petitioners is available before the appropriate forum.

The petitioners shall be at liberty to file a petition for grant of interim relief before the appellate authority, who shall pass appropriate order for interim relief within 15 days from the date of filing of the petition.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U