Partly allowed

Bhola Roy v. The State Of Bihar and Ors.

Patna HC22 Jan 2016CWJC/6439/2013

Case brief

AI extract

What is this about?

In a writ petition challenging a Deputy Collector's order in a land dispute, the High Court held that since an appeal was pending before the Divisional Commissioner, the writ application should be dismissed with a direction to that officer to dispose of the pending appeal within six weeks.

What did the court decide?

The writ petition was disposed of by directing the Divisional Commissioner to take up and dispose of the pending Land Dispute Appeal No. 91 of 2012 within six weeks.

Bhola Roy Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6439 of 2013

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====================================================== 1. Bhola Roy S/O Late Badu Rai Resident Of Village - Dahiyawan, P.O. Chapra, P.S. Town, District - Saran

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.... .... Petitioner/s Versus 1. The State Of Bihar Through Collector, Chapra 2. The S.D.O., Chapra 3. The D.C.L.R., Saran At Chapra 4. The Officer - In - Charge, Town - Saran 5. The Commissioner, Saran At Chapra 6. The Superintendent Of Police, Saran At Chapra .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Vijay Anad, Advocate For the State : Mr. Shashi Shekar Prasad Sinha, AC to GA-13. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 22-01-2016 Heard Mr. N.K.Agarwal, Sr. Advocate for the petitioner and AC to GA-13 for the State.

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The order passed by the Deputy Collector Land Reforms in Land Dispute Case no. 87 of 2011 (Annexure-8)is under challenge in the present writ petition. It appears from the pleading as also the submission of Mr. Agarwal that an appeal has already been preferred by the petitioner against the said order before the respondent Divisional Commissioner vide Land Dispute Appeal No. 91 of 2012. It is submitted that the said appeal has not till date been disposed of. Counsel for the state has not disputed the aforesaid contention of the petitioner.

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Patna High Court CWJC No.6439 of 2013 (3) dt.22-01-2016

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2/2

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Considering the above, in my view, the writ application merits to be disposed of by directing the respondent Divisional Commissioner to take up and dispose of the pending Land Dispute Appeal No. 91 of 2012, if not already disposed of, as quickly as possible preferably within 06 weeks from the date of receipt/production of a copy of this order before the said respondent.

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(Kishore Kumar Mandal, J)

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Shyam/-

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Bhola Roy v. The State Of Bihar and Ors.

Case brief

What is this about?

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Bhola Roy v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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