Disposed

Md. Zalaluddin v. The State Of Bihar and Ors.

Patna HC19 Jul 2016CWJC/25251/2013

Case brief

AI extract

What is this about?

The High Court held that a dispute regarding land allotment between private individuals cannot be resolved invoking writ jurisdiction under Article 226. The petition was disposed of with leave to approach the appropriate authority.

What did the court decide?

Writ application disposed of permitting the petitioner to approach the appropriate Authority/Forum for the subject dispute.

Md. Zalaluddin Vs The State Of Bihar 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.25251 of 2013

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====================================================== 1. Md. Zalaluddin S/O Late Khatibuddin Resident Of Village- Laxmipur P.O.- Morsanda, P.S.- Falka, Distt.- Katihar .... .... Petitioner/s Versus 1. The State Of Bihar Through The Collector, Katihar 2. Circle Officer, Falka, Katihar 3. Ravindra Yadav @ Nago Yadav @ Ramesh Yadav S/O Late Paltu Yadav Resident Of Village- Luxmipur, P.O.- Morsonda P.S.- Falka, Distt.- Katihar 4. Rajo Yadav S/O Late Paltu Yadav Resident Of Village- Luxmipur, P.O.Morsonda P.S.- Falka, Distt.- Katihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Mallick For the Respondent/s : Mr. Kumar Sachin ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 19-07-2016 Heard the counsel for the petitioner and the State. A counter affidavit has been filed on behalf of the private respondent.

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No rejoinder thereto is filed.

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On going through the diverse pleadings made in the writ application as well as in the counter affidavit, it appears that the private respondent(s) are claiming the subject land on the basis of allotment/settlement made in their favour by the ceiling authorities after the lands were declared surplus. On perusal of the records, it appears that there is a dispute with respect to the subject land between the two individuals. Such

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Patna High Court CWJC No.25251 of 2013 (2) dt.19-07-2016

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2/2

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dispute cannot be resolved by this Court invoking its jurisdiction under Article 226 of the Constitution of India. The petitioner should have approached the appropriate Authority/Forum for resolution of the dispute as raised in the writ application.

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The writ application stands disposed of permitting the petitioner to ventilate his grievance before appropriate Authority/Forum in accordance with law.

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(Kishore Kumar Mandal, J)

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rohit/-

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Md. Zalaluddin v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Md. Zalaluddin v. The State Of Bihar and Ors.

Case brief

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What the court decided

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