Madhusudan Thakur v. Azhar Ali @ Ajhar Ali

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1206 of 2023 In Civil Writ Jurisdiction Case No.9462 of 2020 ====================================================== Madhusudan Thakur Son of Late Shiva Nand Thakur Resident of VillageKhokha, P.S.- K. Nagar (Shahayak P.S.- Srinagar) Post Office- Khokha, District- Purnea.

... ... Appellant/s

Versus

1.

Azhar Ali @ Ajhar Ali Son of Late Abdul Mannan 2.

Yakub Ali, Son of Azhar Ali 3.

Fatema Khatoon, Wife of Azhar Ali All Resident of Village- Bansar, P.S.- K. Nagar (Shahayak P.S.- Srinagar), District- Purnea.

4.

The State of Bihar, through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

5.

The District Magistrate, Purnea.

6.

The Additional Collector Purnea, District Purnea. 7.

The Deputy Collector Land Reforms Sadar Purnea, District Purnea. 8.

The Circle Officer, Srinagar, District Purnea. 9.

Naresh Kumar Bhuwania, Son of Shankar Lal Bhuwania Resident of Village- Bansar, P.S.- K. Nagar(Shahayak P.S.- Srinagar, District- Purnea, At present Resident of Champa Bhawan, Rajendra Prasad Road Bhagalpur P.S.- Adampur, District- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Siyaram Sahi, Advocate Mr. Nityanand Jha, Advocate For the Respondent/s :

Md. Khurshid Alam, AAG-12 Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 28-01-2025 We have heard Mr. Siyaram Sahi, the learned Advocate for the appellant and Mr. Arun Kumar Bhagat, the learned A.C. to AAG-12 for

Patna High Court L.P.A No.1206 of 2023(3) dt.28-01-2025 2/3 the State.

2. The appellant has challenged the judgment dated 14.09.2022 passed in CWJC No.9462 of 2020 whereby the issue has been remanded to the Bihar Land Tribunal for a fresh decision in the matter on the sole ground that his contentions were not recorded in the order and the order was based primarily on the submissions made on behalf of the respondents/writ petitioners.

3. From a perusal of the judgment impugned, it appears that the facts have been stated though the submission on behalf of the respondents/writ petitioners was only noted in detail.

4. In any view of the matter, when the issue has been remanded to the B.L.T. for a fresh consideration, there is no reason for entertaining this appeal against such an order of remand.

5. It is expected that the B.L.T. shall

Patna High Court L.P.A No.1206 of 2023(3) dt.28-01-2025 3/3 take into account the submission of all the parties and shall pass a fresh order in accordance with law within a reasonable period of time.

6. The appeal stands disposed off.

(Ashutosh Kumar, ACJ) ( Partha Sarthy, J) Saurabh/Rajesh U