Disposed

Bhavesh Kumar Tiwary and Anr. v. The State Of Bihar and Ors.

Patna HC11 Feb 2014L.P.A/200/2014

Case brief

AI extract

What is this about?

In this Letters Patent Appeal regarding a writ petition challenging an order to return to the suit land dispute, the appellants requested to withdraw the appeal with liberty to file a review application. The High Court accepted the withdrawal and disposed of the appeal on that basis.

What did the court decide?

The appeal is disposed of as withdrawn with liberty to apply for review of the order dated 3.1.2014.

Bhavesh Kumar Tiwary and Anr. Vs The State Of Bihar… — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.200 of 2014

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Civil Writ Jurisdiction Case No. 22993 of 2012

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Bhavesh Kumar Tiwary Son Of Shyam Sundar Tiwary Resident Of Village - Rathi, P.S. Jale, District - Darbhanga

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Mamta Devi Wife Of Bhavesh Kumar Tiwary Resident Of Village - Rathi, P.S. Jale, District - Darbhanga

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Ganesh Kumar Tiwary Son Of Shyam Sundar Tiwary Resident Of Village - Rathi, P.S. Jale, District – Darbhanga

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... .... Appellants Versus

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The State Of Bihar Represented Through The Chief Secretary, Govt. Of Bihar, Patna

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The Commissioner, Darbhanga Division, Darbhanga

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The Land Reforms Deputy Collector, ( L.R.D.C. ), Sadar, Darbhanga

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The Circle Officer, Sadar, Darbhanga

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The Officer - In - Charge, Darbhanga, ( Town ), Police Station - Darbhanga

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Sunaina Devi Wife Of Late Mohan Jha Resident Of Village - Phulhara, P.S. Singhyia, District - Samastipur

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Manohar Jha Son Of Sri Jagnath Jha Resident Of Village - Phulhara, P.S. Singhyia, District - Samastipur

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Punam Devi Wife Of Manohar Jha Resident Of Village - Phulhara, P.S. Singhyia, District - Samastipur

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Jayant Kumar Jha Son Of Late Mod Narayan Jha Permanent Resident Of Village - Phulhara, P.S. Singhyia, District - Samastipur, Presently Residing At Mirzapur, Mohalla - Saffullaganj/Rajkumarganj, Near Poor Home, Ward No.6, P.S. Darbhanga ( Town ), District – Darbhanga

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.... .... Respondents

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====================================================== Appearance : For the Appellants : Mr.Sukumar Sinha, Senior Advocate & Md. Anis Akhtar, Advocate For the Respondents : Mr. Kumar Alok, SC-8

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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI

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and

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HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

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2 11-02-2014 Heard Mr.Sukumar Sinha, learned Senior Advocate

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Patna High Court LPA No.200 of 2014 (2) dt.11-02-2014

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2/3

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for the appellants, and Mr. Kumar Alok, learned S.C.-8 for the respondents.

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While considering the question of admission of this appeal and passing of necessary order, on the prayer for interim directions, which the appellants have made, it has been submitted that the appellants are not so aggrieved by the impugned order, dated 3.1.2014, passed in C.W.J.C. No. 22993 of 2012, holding that the parties concerned shall return back to the suit, but they (i.e., the appellants) are seriously aggrieved by the order which has been passed by the learned Single Judge to maintain status quo ante inasmuch as the construction, on the suit land, was, according to the learned counsel for the appellants, raised long before the assumption of jurisdiction, over the subject matter of the dispute, by the Deputy Collector Land Revenue (DCLR). The fact that the construction, in question, had been raised before assumption of jurisdiction by the DCLR, has not been clearly mentioned in the writ petition nor was any such submission made, when the writ petition was heard and disposed of.

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In view of above, it has been submitted, on behalf of the appellants, that the appellants seek to withdraw the appeal with liberty to apply for review of the order, dated 3.1.2014,

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Patna High Court LPA No.200 of 2014 (2) dt.11-02-2014

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which stands impugned in the present appeal. To the submission so made, no objection has been raised.

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sought for.

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In view of the above and in the interest of justice, this appeal is disposed of as withdrawn with the liberty as has been sought for.

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(I. A. Ansari, J)

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(Samarendra Pratap Singh, J)

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Shashi.

Bhavesh Kumar Tiwary and Anr. v. The State Of Bihar and Ors.

Case brief

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Bhavesh Kumar Tiwary and Anr. v. The State Of Bihar and Ors.

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