Patna High Court - Orders
Baban Bhar vs The State Of Bihar And Ors on 2 August, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5422 of 2014
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Baban Bhar ... ... Petitioner
Versus
The State Of Bihar and Ors ... ... Respondents
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Appearance :
For the Petitioner : Mr.Dharnidhar Mishra
For the Respondent State: Mr. Alok Kumar Rahi, AC to AAG-4
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
4 02-08-2019An order, dated 24.10.2013, passed by the learned Deputy Collector Land Reforms, Bikramganj, in Land Dispute Resolution Case No.36 of 2013-14, is under challenge in the present writ application.
It is the apparent case of the petitioner that the Deputy Collector Land Reforms, exercising powers under the Act, has decided questions of title and possession, which he could not have exercised.
I am, prima facie, satisfied that the Deputy Collector Land Reforms in exercise of powers under the provisions of the Act could not have adjudicated upon the title of the respective parties in view of this Court's decision in case of Maheshwar Mandal vs. State of Bihar & Ors, reported in 2018(3) PLJR 1007.
Issue notice to the respondent No. 4 both by registered post with A/d as well as by ordinary process, for which Patna High Court CWJC No.5422 of 2014(4) dt.02-08-2019 2/2 requisites etc. must be filed within one week, failing which this application shall stand rejected as against him without any further reference to the Bench.
In the meanwhile, operation of the impugned order, dated 24.10.2013, shall remain stayed.
List this matter on 13.09.2019.
(Chakradhari Sharan Singh, J) Pawan/-
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