Dismissed

Kamlesh Kumar and Anr. v. Shiv Kumar Singh and Ors.

Patna HC18 Oct 2016CWJC/14523/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna heard an Article 226 application challenging a trial court order to frame an issue on objection maintainability under the Bihar Consolidation Act. Dismissing the writ, the court found no illegality or material irregularity in the impugned order.

What did the court decide?

The application is dismissed. The impugned order remains uninterfered.

Kamlesh Kumar and Anr. Vs Shiv Kumar Singh and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14523 of 2014

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=========================================================== 1. Kamlesh Kumar

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Balmiki Singh Both S/o Shri Mathura Prasad Singh Resident of Mauza Chandi, P.O. Amaura, P.S. Karakat, District Rohtas.

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.... .... Petitioner/s

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Versus

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Shiv Kumar Singh S/o Late Bhagwati Singh

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Upendra Singh S/o Shiv Kumar Singh, Both S/o Shri Mathura Prasad Singh Resident of Mauza Chandi, P.O. Amaura, P.S. Karakat, District Rohtas.

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Savita Devi W/o Rajendra Singh Resident of Village Pitaura, P.S. Jamhaur Ramnagar, District Rohtas.

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Ramnaresh Singh

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Chitaranjan Prasad Singh

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Chitaranjan Prasad Singh

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Premchand Prasad Singh

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Rajeev Kumar All Four S/o Late Gopal Prasad Singh

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Ashok Kumar Singh

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Sanjay Kumar Singh Both S/o Vishwanath Prasad Singh

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Bhupendra Kumar

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Nagendra Kumar

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Dhirendra Kumar All three S/o Late janaki Prasad Singh

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Mostt. Vimala Kunwar W/o Late Janaki Prasad Singh null

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Mostt. Ramdei Kunwar W/o Late Vishwanath Prasad Singh All 4 to 15 are

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Resident of Mauza Chandi, P.O. Amaura, P.S. Karakat, District Rohtas.

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Patna High Court CWJC No.14523 of 2014 dt.18-10-2016

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Suresh Mishra, Adv For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 18-10-2016

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Heard learned counsel for the petitioner.

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The defendants in the suit are the petitioners in the present application filed under Article 227 of the Constitution of India and are aggrieved by the order by which the learned court below has directed the issue to be framed on the basis of the objection raised by the defendant-petitioners in their petition dated 24.05.2012.

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After considering the submissions and the perusal of the impugned order, it is evident that the objections raised by the petitioners in their petition dated 24.05.2012 questioning the maintainability of the suit under Section 4(b) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 has been taken into notice by the learned court below and thereafter the learned court below has decided to determine the said objection after framing of the issue in this regard in the suit. This court has not been persuaded to find any illegality or material irregularity in the

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Patna High Court CWJC No.14523 of 2014 dt.18-10-2016

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impugned order justifying interference under Article 227 of the

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Constitution of India.

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The application, is, accordingly, dismissed.

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Ranjan/	-	(V. Nath, J)
AFR/NAFR	NAFR
CAVDATE	N.A.
UploadingDat	e 13.12.16
Transmission	N.A.
Date

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Kamlesh Kumar and Anr. v. Shiv Kumar Singh and Ors.

Case brief

What is this about?

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Kamlesh Kumar and Anr. v. Shiv Kumar Singh and Ors.

Case brief

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