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Patna High Court - Orders

Nisha Devi vs The State Of Bihar on 25 June, 2024

Author: Rajiv Roy

Bench: Rajiv Roy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4322 of 2024
                 ======================================================
                 Nisha Devi Wife of Sri Navneet Kumar Singh, resident of Village-Akbarpur,
                 Ward No. 14, P.O. Akbarpur, P.S.-Kahalgaon, District-Bhagalpur (Bihar).

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    The Additional Collector, Bhagalpur.
           3.    The Deputy Collector Land Reforms, Kahalgaon, Bhagalpur.
           4.    The Circle Officer, Kahalgaon, Bhagalpur.
           5.    Priyanka Devi Wife of Late Sanjay Kumar, Daughter of Late Krishna Kant
                 Kumar Ram @ Ray @ Krishna Kant Sinha, resident of Mohalla-Panti Chak,
                 Meharama, P.O. and P.S.-Maharama, District-Godda (Jharkhand), PIN Code-
                 814160.
           6.    Khusbu Devi, wife of Sri Sanjay Kumar, Daughter of Late Krishna Kant
                 Kumar Ram, resident of Mohalla-Panti Chak, Meharama, P.O. and P.S.-
                 Maharama, District-Godda (Jharkhand), PIN Code-814160.
           7.    Rachna Devi, wife of Sri Prakash Kumar Singh, Daughter of Late Krishna
                 Kant Kumar Ram, resident of Village-Kairiya, P.O. Kairiya, P.S. Kahalgaon,
                 District Bhagalpur, PIN Code-813204.
           8.    Kumari Ambe daughter of Late Krishna Kant Kumar Ram, resident of
                 Mohalla-Panti Chak, Meharama, P.O. and P.S.-Maharama, District-Godda
                 (Jharkhand), PIN Code-814160.
           9.    Neha Kumari, Daughter of Late Krishna Kant Kumar Ram, resident of
                 Mohalla-Panti Chak, Meharama, P.O. and P.S.-Maharama, District-Godda
                 (Jharkhand), PIN Code-814160.
           10. Most. Deepa Devi @ Dulari Devi wife of Late Krishna Kant Ram (wrongly
               written as Sanjay Paswan by the Respondent 2nd Set), resident of Mohalla-
               Panti Chak, Meharama, P.O. and P.S.-Maharama, District-Godda
               (Jharkhand), presently residing at Mohalla Akbarpur, P.S. Kahalgaon,
               District Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Abinash Kumar, Advocate
                 For the Respondent/s   :     Mr. Government Advocate 10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-06-2024

Heard Mr. Abinash Kumar, learned Counsel for the petitioner and learned A.C. to G.A.-10. Patna High Court CWJC No.4322 of 2024(2) dt.25-06-2024 2/3

2. The present petition has been preferred for:

setting aside the Judgment dated 27.7.2023 passed by Sri Ravindra Patwari, Learned Member Judicial of Bihar Land Tribunal, Patna in B.L.T. Case No 416 of 2021 affirming the order dated 6.1.2021 passed by Learned Additional Collector, Bhagalpur (Respondent no.2) in Mutation Revision No. 21/2020-21, affirming the ex-parte order dated 10.7.2020 passed by Learned Deputy Collector, Land Reforms, Kahalgaon, Bhagalpur (Respondent no.3) in Mutation Appeal No. 55/2019-20 reversing the order dated 7.7.2019 passed by Circle Officer, Kahalgaon, Bhagalpur (Respondent no. 4) in Mutation Case No. 891R27/2018-2019 erroneously.

3. Though learned Counsel for the petitioner has challenged the said order of the B.L.T., Patna, a perusal of the order would show that the B.L.T. took note of the facts of the case, it observed that in the factual scenario, the parties are required to get the dispute resolved through a competent Civil Court.

4. This Court is in conformity with the observation of the B.L.T. inasmuch as the aggrieved party/parties are always free to approach the competent Civil Court for deciding their title.

Patna High Court CWJC No.4322 of 2024(2) dt.25-06-2024 3/3

5. In that background, the order of the B.L.T. in B.L.T. Case No. 416 of 2021 needs no interference, the writ petition stands disposed of.

(Rajiv Roy, J) Neha/-

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