Patna High Court - Orders
Rakesh Kumar Mandal vs The State Of Bihar on 2 August, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20500 of 2014
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Rakesh Kumar Mandal & Ors.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Samir Kumar Sinha, Advocate
For the Respondent/s : Mr. Avinash Kumar, SC-30
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 02-08-2023Learned counsel for the petitioners and learned counsel for the State are present.
2. Learned counsel for the petitioners submits that present writ petition has been filed for quashing the order dated 20.03.2014 passed by Bihar Land Tribunal, Patna by which the order dated 06.04.2013 passed by S.D.O., Katihar in Revenue Appeal No. 20 of 2012 has been set aside and also for quashing the order dated 24.01.2009 passed by Circle Officer, Samaili in B.T. Case No. 05/08-09 under Section 48D of the Bihar Tenancy Act declaring occupancy right in favour of respondent 2nd party contained in Annexure-3.
3. Learned counsel for the petitioners submits that the Bataidari Right is neither transferable nor inheritable and the Land Tribunal has misconstrue the possession of law.
4. In this background, Issue notice to private Patna High Court CWJC No.20500 of 2014(4) dt.02-08-2023 2/2 respondent Nos. 5 to 10 under both the processes (Talwana with Goshwara and speed post with A/D) within three weeks.
5. Put up this case on 13th October, 2023 or upon appearance of private respondent Nos. 5 to 10, whichever is earlier.
(Dr. Anshuman, J.) ravishankar/-
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