Arjun Prasad Yadav (Husband Of Deceased Petitioner) v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1622 of 2018 In Civil Writ Jurisdiction Case No.7704 of 1996 ====================================================== Arjun Prasad Yadav (Husband of Deceased Petitioner) son of Late Gokul Prasad Yadav resident of Village Daharpur, P.S. Ghosi, District Jehanabad. ... ... Appellant/s
Versus
1.
State of Bihar 2.
The Commissioner, Magadh Division, Gaya.
3.
The Additional Collector, Jehanabad, District Jehanabad. 4.
The Deputy Collector Land Reforms, Jehanabad, District- Jehanabad. 5.
The Anchal Adhikari, Ghosi Anchal, District- Jehanabad. 6.2.
1.
Munni Devi W/o Late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.2.
2.
Ashok Mistry S/o late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.2.
3.
Sunil Mistry @ Gutta Mistry S/o Late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.2.
4.
Raju Mistry S/o Late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.2.
5.
Saila Devi Daughter of Late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.2.
6.
Anju Devi Daughter of Late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.2.
7.
Tanikni Kumari Daughter of Late Rama Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.3. Chhotan Mistry, Son of Late Tulshi Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.4. Udai Mistry, Son of Late Tulshi Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.5. Awadhesh Mistry, Son of Late Tulshi Mistry Resident of Village Daharpur, P.S.- Ghoshi, District- Jehanabad.
6.6. Sumitra Devi, Daughter of Late Tulshi Mistry and Wife of Surendra Mistry Resident of Village Rasula, P.S.- Kako, District- Jehanabad. 6.7. Kiran Devi, Daughter of Late Tulshi Mistry and Wife of Surendra Mistry Resident of Village Benipur, P.S.- Ekangarsarai, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Subroteswar De, Adv.
For the Respondent/s :
Mr. Bhola Kumar ======================================================
Patna High Court L.P.A No.1622 of 2018 dt.01-07-2025 2/3 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-07-2025 Appellant has assailed the order of learned Single Judge, dated 08.10.2018, passed in CWJC No. 7704 of 1996. In respect of relief sought in the writ petition, appellant has statutory remedy of appeal before the Revenue Authority. During pendency of CWJC No. 7704 of 1996, Appellant's appeal BLT case No. 655 of 2017 was pending consideration on the file of Bihar Lands Tribunal, Patna and it was disposed on 01.06.2018 only on the issue that CWJC No. 7704 of 1996 was pending consideration. The Appellant was very much aware of the disposal of his Appeal on 01.06.2018. The same should have been apprised before the learned Single Judge on 08.10.2018, the date on which CWJC 7704 of 1996 was dismissed.
2. In the interest of litigants, instead of asking the appellants to file Review before the learned Single Judge insofar as reviewing the order dated 08.10.2018, passed in CWJC No. 7704 of 1996 and having regard to the distance of time from
Patna High Court L.P.A No.1622 of 2018 dt.01-07-2025 3/3 the date of filing Writ Petition, we request Bihar Lands Tribunal, Patna to decide BLT Case No. 655 of 2017 afresh after following due procedure and so also following the principle of natural justice to such of those persons whose rights are likely to be affected in the event of allowing BLT Case No. 655 of 2017.
3. We request appellate authority/competent authority to decide BLT case no. 655 of 2017 within a period of six months from the date of receipt of this order. Respective parties are requested to co-operate in deciding BLT Case (cited supra).
4. With the above observation, present LPA No. 1622 of 2018 stands disposed of.
(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Nirajkrs/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07-07-2025 Transmission Date NA