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Patna High Court - Orders

Md.Shamim Anwar & Ors vs The State Of Bihar & Ors on 6 January, 2009

Author: S K Katriar

Bench: S K Katriar

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No.742 of 2007

                 1. Md. Shamim Anwar, son of late Mustafa
                     Quarasi.
                 2. Md. Soyab Alam, son of late Mustafa
                     Quarasi.
                 3. Bibi Tahira Khatoon, D/o Late Gulam
                     Mustafa Quarasi.
                              All are resident of Village-
                     Mohalla-Nakhas,    P.S.    Hajipur    Town,
                     Distt-Vaishali.
                                       ....         Petitioners.
                                     Versus
                 1. The State of Bihar.
                 2.   The   Commissioner,    Tirhut    Division,
                    Muzaffarpur.
                 3. The Collector, Vaishali at Hajipur.
                 4. The   Deputy   Collector,    Land   Reforms,
                    Hajipur.
                 5. The Anchal Adhikari, Hajipur.
                 6. Shamim Akhtar Khan, S/o Abdul Halim Khan,
                    resident of Village- Lawapur Narayan, P.S.
                    Mahnar, District- Vaishali.
                                        .....      Respondents.
                                  -----------

02-   6.1.2009                    Heard Bhubneshwar Prasad for the

                  petitioners, and Mr. Nawal Kishore Prasad,

                  learned     junior       counsel       to        Government

                  Pleader No.22.

                  2.                It     arises    out      of     mutation

                  proceedings.      The    petitioners        had       earlier

                  preferred        C.W.J.C.       No.9966          of     2001

                  challenging       the     order    dated          16.6.2001

                  (Annexure-3),          passed     by      the         learned

                  Collector of the district of Vaishali, in

                  Misc.   Case     No.17    of    2000-01     (Md.       Shamim

                  Anwar     Vs.    Md.     Shamim    Khan).        The     writ
               petition     was   disposed    of   by   order   dated

              6.8.2001

(Annexure-4) with the observations that the issues can appropriately be adjudicated before the Civil Court. I do not find any fresh cause of action for the present writ petition. It is accordingly dismissed.

(S K Katriar, J.) S.K.Pathak/