Dismissed

Dulari Devi and Anr. v. The State Of Bihar and Ors.

Patna HC8 Dec 2014CWJC/13403/2014

Case brief

AI extract

What is this about?

This order dismissed a writ petition challenging an order dated 19.10.2013 by the District Collector regarding property settlement. The court held the matter was conclusively resolved by earlier orders in 2006 and 2008 that remained unchallenged.

What did the court decide?

The writ petition was dismissed with liberty to represent before the Collector only as per the earlier 2013 order, not applicable here.

Dulari Devi and Anr. Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13403 of 2014

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====================================================== 1. Dulari Devi Wife of Dashrath Manjhi resident of village Anant Mirjapur, P.O. And P.S.- Dighwara, District Saran at present Chairman of Nagar Panchayat, Dighwara, Saran, (Bihar) 2. Md. Maneer Kuraisi son of Late Md. Zakir Hussain resident of MohallahShankarpur Road, Dighwara, P.O. and P.S.- Dighwara, District- Saran (Bihar)

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.... .... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna 3. The Deputy Secretary-Cum-Director, Department of Urban Development and Housing, Government of Bihar, Patna 4. The District Magistrate Saran, District- Saran (Bihar) 5. The Deputy Development Commissioner-Cum-Special Officer, Zila Parishad, District- Saran At Chapra (Bihar) 6. The Deputy Collector, Chapra, District- Saran (Bihar) 7. The Block Development Officer, Dighwara, District- Saran At Chapra (Bihar) 8. The Zila Parishad through its Chairman, Zila Parishad, District- Saran At Chapra (Bihar) 9. The Chairman, Zila Parishad, District- Saran At Chapra (Bihar) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. N.K. Singh, GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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4 08-12-2014 Heard Mr. Manoj Kumar, learned counsel for the petitioners and Mr. Manoj Kumar Jha, A.C. to G.P.26 for the State.

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The dispute as regarding whether any property belongs to

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the Nagar Panchayat, Dighwara, Saran or is the property of Zila Parishad, Chapra stands concluded under an order of the Chief Secretary dated 25.7.2006 present at Annexure-2. This order has

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Patna High Court CWJC No.13403 of 2014 (4) dt.08-12-2014

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attained finality as the same was never questioned by the petitioner before any superior Court. Two years thereafter an order dated 20.3.2008 was passed by the Principal Secretary, Urban Development and Housing Department regarding the transfer/ allocation of properties amongst the concerned civic bodies. The matter having rested at that stage, the petitioner challenged the notice dated 11.3.2013 of the Executive Officer, Zila Parishad, Chapra on the issue of settlement of Sairats, Markets, Taxi stand etc. through C.W.J.C. No. 6192 of 2013 and this Court while holding that such issue had to be resolved by the authorities of the State Government, disposed of the writ petition on 21.3.2013 with liberty to the petitioner to represent before the Collector, Saran at Chapra. It is thereafter that the order impugned dated 19.10.2013 has been passed by the Collector, Saran at Chapra merely reiterating the earlier orders passed by the Chief Secretary and the Principal Secretary as referred to above.

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The petitioner seeks to reopen a second chapter by questioning the order dated 19.10.2013 through the present writ petition when the matter stands concluded as back as in 2006/2008.

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The writ petition is dismissed.

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Bibhash/U

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(Jyoti Saran, J)

Dulari Devi and Anr. v. The State Of Bihar and Ors.

Case brief

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Dulari Devi and Anr. v. The State Of Bihar and Ors.

Case brief

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