Patna High Court - Orders
Heera Lal Seth vs The State Of Bihar on 19 June, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6665 of 2024
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Heera Lal Seth
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shivendra Kishore, Sr. Advocate
Mr. Saroj Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel ( 24 )
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-06-2024Heard Mr. Shivendra Kishore, learned Senior counsel appearing on behalf of the petitioner and the State.
2. The present writ petition has been preferred for the grant of following relief/s:-
"(i) For quashing of Order dated 11.11.2023 passed by Collector, Samastipur, passed in BASGIT PARCHA Revision Case No.270/2017- Heera lal Seth Vs. Amrita Devi and Another whereby and whereunder learned Collector, Samastipur has dismissed on default the Revision Case No.270/2017 for non-
prosecution and ordered for return of record to the court below.
(ii) For a direction on the respondent Collector, Samastipur to register and pass order Patna High Court CWJC No.6665 of 2024(2) dt.19-06-2024 2/3 for restoration of BASGIT PARCHA Revision Case No.270/2017 on Miscellaneous Petition No.____ /2024 filed on 04.01.2024 filed by the petitioner for setting aside order dated 11.11.2023 passed in BASGIT PARCHA Revision Case No.270/2017 and to restore the same to its original file.
(iii) For quashing of order dated 24.03.2014 passed by Circle Officer, Bibhutipur, passed in BASGIT PARCHA Case No.07/2011- 12 alongwith consequential BASGIT PARCHA issued in Form 'D' by which BASGIT PARCHA was ordered to be issued in favour of respondent No.4 and 5 Smt. Amrita Devi and Smt. Anita Devi on the basis of recommendation of HALKA KARAMCHARI, Circle Inspector and Anchal Amin pertaining to 2½ decimal of land bearing Khata No.326, 363 (old), Khesra No.4712, 4766 (old).
(iv) For any other relief/reliefs to which petitioner is found entitled in the facts and circumstances of the case."
3. Let the respondent No. 2, the Collector, Samastipur file counter-affidavit in the matter within next four weeks. Patna High Court CWJC No.6665 of 2024(2) dt.19-06-2024 3/3
4. Issue notice to the respondent Nos. 4 and 5 through both processes i.e. ordinary as well as registered cover with A/D for which requisites etc. must be filed within a period of two weeks failing which the application shall stand rejected without further reference to the Bench.
5. In case, the order passed is not complied and the matter accordingly stands dismissed, subsequently, the same be posted under the heading 'To be Mentioned' alongwith 'Tied Up' matters before the Bench on the 'TIED UP' day.
6. List this case after eight weeks.
(Rajiv Roy, J) Adnan/-
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