Achhyutanand Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.856 of 2018 In Civil Writ Jurisdiction Case No.9607 of 1996 ====================================================== Achhyutanand Yadav @ Achyutanand Yadav, Son of Late Baldeo Yadav @ Baldeo Mahto, Resident of Village- Kumarpur, P.S.- Phullidumar, DistrictBanka now Bhagalpur. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

The Anchal Adhikari, Sambhuganj, District- Banka. 3.

The land Reforms Deputy Collector, Banka.

4.

The District Magistrate, Banka.

5.

The Additional Collector, Banka.

6.

The Commissioner, Bhagalpur Division, Bhagalpur. 7.

Most. Shanti Devi, W/o Late Ram Bilash Singh. 8.

Tripurari Singh, Son of Late Ram Bilash Singh. 9.

Sujit Singh, S/o Late Ram Bilash Singh, Respondent No. 7 to 9 Resident of Village- Kumarpur, P.S.- Phullidumar, District- Banka.

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

For the Appellant/s :

Mr.Surendra Kishore Thakur For the Respondent/s :

Mr.Md.Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09-12-2019 Appellant has prayed for the following relief: "This memo of appeal is directed against the judgment and order dated 11.05.2018 passed by the Hon'ble Mr. Justice Prabhat Kumar Jha in CWJC No. 9607/1996 whereby and whereunder the Hon'ble Single Judge has dismissed the writ application without considering that the appellant

Patna High Court L.P.A No.856 of 2018(3) dt.09-12-2019 2/3 having residential house and has also acquired right of adverse possession."

The operative portion of the impugned order reads as under:

"Learned counsel for the petitioner submits that the petitioner claimed the land on the basis of registered Kabuliyat but it appears that when the name of the petitioner was mutated, the villagers filed Title Suit No. 34/1959 in the court of Munsif and the Munsif found that the nature of land is gair majarua aam and the land of Khata No. 72, Khesra No. 534 and 604 measuring area 2.52 decimals is in the use of common villagers. The petitioner filed appeal against the judgment and decree passed by Munsif in T.S.No. 34/1959 and the same was dismissed. The petitioner again filed Second Appeal before the High Court and S.L.P. before the Apex Court, which were also dismissed. In pursuance thereof, during the Consolidation proceeding, the nature of the land was mentioned as Gair Majarua Aam.

Learned counsel for the respondents also submits that the petitioner has lost the case in all the courts. Very recently, the petitioner lost the case in B.L.T.

Considering the fact that the dispute has been settled by the Civil Court with regard to nature of land and the Jamabandi standing in the name of the petitioner has already been cancelled, I find no merit in this writ petition."

Patna High Court L.P.A No.856 of 2018(3) dt.09-12-2019 3/3 The issue having been settled by the Civil Court, the learned single Judge has rightly dismissed the writ petition in the aforesaid terms. We find no infirmity or illegality in the impugned order.

Accordingly, the appeal is dismissed.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U