The Patna High Court dismissed a writ petition challenging a mutation revision order that remanded the matter to the Additional Collector for fresh decision on merits, stating there was no ground for interference.
The writ petition is dismissed.
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
Civil Writ Jurisdiction Case No.12111 of 2003
======================================================
Sharda Devi W/o Late Dineshwar Prasad Singh (Expunged vide order dated 16.09.2009 and substituted by her following heirs and legal representative)
Alok Kumar Singh son of Late Dineshwar Prasad Singh, resident of village Bilandpur, P.S. and Anchal Mahua, District Vaishali
.... .... Petitioner/s
Versus 1. The State of Bihar through the Commissioner, Tirhut Division, Muzaffarpur
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar Singh, Advocate Mr. Abhay Kumar, Advocate
For the Respondent Nos. 1 to 4: Mr. AC to SC 18
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
5 26-09-2016 Heard the parties. The petitioner is aggrieved by the order dated 03.07.2002 passed in Mutation Revision Case No. 9 of 19992000 by the respondent Divisional Commissioner, Muzaffarpur, as contained in Annexure-5 to the writ petition, whereby after setting aside the order of the respondent Additional Collector, Vaishali at Hajipur, matter has been remanded back for fresh consideration and decision by the Additional Collector, Vaishali at Hajipur.
Since by the impugned order, the matter has been remanded back and it has to be decided afresh on merits, therefore, this Court is not inclined to interfere with the impugned order dated 03.07.2002 (Annexure-5). Accordingly, the writ
Patna High Court CWJC No.12111 of 2003 (5) dt.26-09-2016
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petition is dismissed.
However, the petitioner shall be at liberty to raise all the issues of facts and law, which may be available to him, if the matter is still pending before the Additional Collector, Vaishali at Hajipur in view of the aforesaid order of remand.
(Birendra Prasad Verma, J)
Tahir/U
1 issue framed by the court
Whether the writ petition is maintainable when the impugned order has remanded the matter for fresh consideration on merits.
Sharda Devi W/o Late Dineshwar Prasad Singh and others
The State of Bihar through the Commissioner, Tirhut Division, Muzaffarpur
The Addl. Collector, Vaishali at Hajipur
The D.C.L.R., Mahua, District Vaishali
The Circle Officer, Mahua, District Vaishali
Smt.Asha Sinha W/o Paras Nath Singh and others
BIRENDRA PRASAD VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
