Prakash Kumar Chand vs The State Of Bihar on 28 February, 2023

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Patna High Court - Orders

Prakash Kumar Chand vs The State Of Bihar on 28 February, 2023

Bench: Partha Sarthy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2987 of 2023
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                 Prakash Kumar Chand                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                               ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Mrigendra Kumar, Advocate
                 For the Respondent/s   :      Ms. Prakritita Sharma, AC to SC 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-02-2023

Heard learned counsel for the petitioner and learned counsel for the State.

In his submission learned counsel for the petitioner refers to the judgment dated 22.9.1998 (Annexure-11) to submit that the petitioner in C.W.J.C. no. 11704/1997 was the mother of petitioner nos. 1 and 2 and grand mother of petitioner nos. 3 and 4. This Court by the said order set aside the order impugned therein passed in the revision case and remitted the case back giving opportunity to the petitioner to exercise option once again.

It is submitted by learned counsel for the petitioner that pursuant to the said order, an affidavit (Annexure-12) was filed by the petitioner in Revision Case no. 118 of 1990 before the Member, Board of Revenue, however, by order dated 24.2.199 (at page no. 188) the Additional Member, Board of Revenue observed that the case was being remanded to the Appellate Court, Purnea.

Learned counsel submits that even after remand and Patna High Court CWJC No.2987 of 2023(2) dt.28-02-2023 2/2 having approached the appellate Court, Purnea who is the Collector, Purnea (respondent no. 2), the issue of option of the petitioners has not been decided and as per information received by the petitioner under the Right to Information Act, basgit parcha has been issued with respect to the land of the petitioner. It is lastly submitted that now the private respondents are disturbing the peaceful possession of the petitioner.

Issue notice to respondent nos. 6 to 52 through both processes i.e. under ordinary process as well as speed post with A/D for which requisites shall be filed by the petitioner within a period of three weeks.

The State respondents specially the respondent no. 2 will file their counter affidavit within a period of three weeks.

During pendency of this application, the respondent authorities shall maintain status quo with respect to the land of the petitioner as described in paragraph no. 1 and which is subject matter of the instant application Put up this case on service of notice or on appearance of respondent nos. 6 to 52, whichever is earlier.

(Partha Sarthy, J) Prakash/-

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Patna High Court - Orders