The State Of Bihar v. Kripa Shanker Jha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.313 of 2024 In Civil Writ Jurisdiction Case No.17827 of 2022 ====================================================== 1.

The State of Bihar Through Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna 2.

The Additional Secretary, Department of Revenue and land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Purnea Division, Purnea. 4.

The District Magistrate-Cum- Collector, Purnea, Bihar. 5.

The Additional Collector, Purnea, Bihar.

6.

The Sub-Divisional Officer, Purnea, Bihar.

7.

The Circle Officer, Purnea East, Purnea, Bihar. 8.

The District Registrar, District Registration Office, Purnea Sadar, Purnea, Bihar.

9.

The Sub-Registrar, District Sub Registration Office, Purnea Sadar, Purnea, Bihar.

... ... Petitioner/s

Versus

Kripa Shanker Jha son of Late Ganesh Jha Resident of Korat Bari, Maithil Tola Madhubani, Police Station- K. Hat, District- Purnea, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishore Rai, GP 18 For the Opposite Party/s :

Dr. Abhijeet Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2025 Heard Mr. Raj Kishore Rai, GP 18 for the petitioners and Dr. Abhijeet Gautam learned counsel for the Opposite Party No. 2.

2. The present review petition has been filed for reviewing the order dated 30.09.2024 passed in CWJC No. 17827 of 2022 (Kripa Shakar Jha Vs. The State of Bihar and others) on the ground that in paragraph no. 3 of the aforesaid

2/4 order it was mentioned that the State is ready to make necessary correction on the basis of the judgment/decree passed in Title Suit No. 369 of 2000 subject to the undertaking given by the petitioner that if the State has succeeded in the aforesaid appeal the petitioner would not claim over the land in question.

3. Learned counsel for the petitioners (State) submits that the State has filed the second appeal challenging the order passed in Title Suit No. 369 of 2000 and against that order, the State has preferred an appeal bearing Title Appeal No. 58 of 2009 and against that order, the State has also preferred Second Appeal No. 107 of 2014 before this Court and the same was dismissed for default on 08.10.2024. The State has filed restoration petitioner bearing MJC No. 4235 of 2014 and the same was allowed vide order dated 06.04.2016 but again the Appeal No. 107 of 2014 was dismissed for default.

4. Learned counsel for the petitioner submits that the petitioners had preferred an appeal before the Hon'ble Apex Court vide Diary No. 31925 of 2024 on 19.07.2024. It is further submitted that the matter was heard before the Hon'ble Apex Court and the petitioners had already filed a supplementary affidavit in CWJC No. 17827 of 2022.

5. Learned counsel for the Opposite Party No. 2 has

3/4 appeard and informed this Court that the State has filed the appeal against the dismissal of the Second Appeal No. 107 of 2014 vide Diary No. 13925 of 2024 but the same was dismissed for non-compliance of the conditional order on 16.01.2025 itself.

Case Details Diary Number 31925/2024 Filed on 19-07-2024 05:28 PM Defective Matters Not Re-filed after 90 DaysDISPOSED Case Number SLP(C) No.

CNR Number SCIN010319252024 18-11-2024 [HON'BLE MR. JUSTICE S.V.N.

BHATTI] Present/Last Listed On Status/Stage Defective Matters Not Re-filed after 90 DaysDISPOSED (Motion Hearing [DIRECTION MATTERS]) Dismissed Ord dt :16-01-2025 (Disposal Date: 16-01-2025, Month: 1, Year: 2025) JUDGES: HON'BLE MR.

JUSTICE S.V.N. BHATTI Disp.Type Dismissed for non-complying conditional Order Category -Land Acquisition & Requisition Matters Petitioner(s) 1 BIHAR SARKAR Respondent(s) 1 KRIPA SHANKAR JHA 2 AMITA DEVI 3 SUSHRI PUJA SUMAN 4 SUSHRI NITHI AAKARNSHA 5 ADITYA AAKASH 6 INDRA NARAIN Petitioner Advocate(s) PREM PRAKASH

6. Having heard learned counsel for the parties and the rival submissions made on behalf of the parties, it transpired that although the State has preferred the SLP (C ) No. bearing

4/4 Diary No. 31925 of 2024 but the same was dismissed on 16.01.2025.

7. Considering the aforesaid facts, no case is made out for reviewing the order dated 30.09.2024 passed in CWJC No. 17827 of 2022 (Kripa Shakar Jha Vs. The State of Bihar and others).

8. Accordingly, the review petition stands dismissed. (Rajesh Kumar Verma, J) Vanisha/- U