The Patna High Court bench dismissed the Letters Patent Appeal against the Single Judge's order. The bench found no merit in the appeal, holding that an issue finally decided by the Collector regarding ancestral land status must attain finality.
The Letters Patent Appeal was dismissed; the Single Judge's order dated 21.06.2013 is upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.938 of 2013 IN
Civil Writ Jurisdiction Case No. 12922 of 2012
=========================================================== Md. Aftab Alam, Son of Late Md. Suleman, Resident of Mohalla Bengali Pada Rajgir, Police Station Rajgir in the district of Nalanda, at present Secretary, Rajgir Qabristan Managing Committee, Rajgir, P.S. Rajgir, District Nalanda
.... .... Appellant Versus 1. The State of Bihar
.... .... Respondents
=========================================================== Appearance : For the Appellant : Mr. K.K. Sinha, Advocate For Respondents 1 to 7 : Mr. Rajiv Roy, GP-1 Mr. Arun Kumar, AC to GP-1 For Respondent 8 : Mr. Rashid Izhar, Advocate Mr. Sharad Shekhar, Advocate
===========================================================
CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and
HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 02-08-2016
The present intra-court appeal is against the judgment and order dated 21.06.2013, passed by learned Single Judge of this Court in C.W.J.C. No. 12922 of 2012(Md. Aftab Alam Vs. The State of Bihar and others).
We have heard the learned counsel for the appellant, learned counsel for the State and perused the record. We
Patna High Court LPA No.938 of 2013 dt.02-08-2016
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see no reason to interfere in the matter.
Learned Single Judge has taken into account the order of the Collector which was passed as far back as in 2007 and which has attained finality. The District Collector, as a matter of fact, after making full enquiry clearly held that Malmas Mela is being held on that land since time immemorial and undisputedly long long before the cadastral survey of 1910. He also clearly held that on the land in question there are only 12 ancient graves and the land is not being used as a grave-yard and there is another distinct plot that is used as grave-yard. All we can say is, an issue decided must be allowed to attain finality. We therefore, find no merit in this appeal. It is, accordingly, dismissed.
(Navaniti Prasad Singh, J.)
(Nilu Agrawal, J.)
Arjun/Rajesh
U
2 issues framed by the court
Whether the appeal against the Single Judge's dismissal should be allowed.
Undisputed long usage and finality of Collector's order.
Md. Aftab Alam
The State of Bihar
The Home Secretary, Department of Home, Govt. of Bihar
The District Magistrate/Collector, Nalanda
The Superintendent of Police, Nalanda
The Sub-Divisional Officer (S.D.O.) Rajgir, Nalanda
Navaniti Prasad Singh
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
