The High Court at Patna dismissed a civil review application. The petitioner argued that the court should incorporate a specific provision of the Bihar Privileged persons homestead Tenancy Act, 1947. The court held that review was unnecessary as it had already noted the availability of a remedy under the Act.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.327 of 2016
In
Civil Writ Jurisdiction Case No. 17166 of 2013 ====================================================== 1. Kanti Devi Wife of Lakshmi Gond Resident of village - Gaura, P.S. Kateya, District - Gopalganj .... .... Petitioner/s Versus 1. The State of Bihar 2. The District Magistrate, Gopalganj 3. The Deputy Collector (Land Reforms ) Hathua, District Gopalganj 4. The Circle Officer, Kateya, District Gopalganj 5. The Superintendent of Police, Gopalganj 6. The Thanadhyaksh, P.S. Kateya, District Gopalganj 7. Mahatam Gond Son of Late Mangru Gond Resident of village - Gaura, P.S. Kateya, District - Gopalganj .... .... opposite parties. ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Respondent/s : Mr. Anil Kumar Verma, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 24-08-2016 Heard learned counsel for the petitioner in support of the review application which seeks review of the order dated 17.05.2016 passed in CWJC No. 17166 of 2013 (Annexure-1),. It has been submitted that the Court should review the order and incorporate specific provision under the Bihar Privileged persons homestead Tenancy Act,1947 ( for short ‘the Act’) which entitles the settlee to approach the authority with the complaint on encroachment over the settled land. This Court in the said order had noticed that the petitioner has a remedy before
Patna High Court C. REV. No.327 of 2016 (3) dt.24-08-2016
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the Authority under the said Act and the matter can be ventilated.
In my view, the order does not require to be reviewed as the Court has already observed in the said order that under the said Act, the petitioner has a remedy.
Review application is dismissed.
(Kishore Kumar Mandal, J)
Shyam/-
U
1 issue framed by the court
Whether the order dated 17.05.2016 in CWJC No. 17166 of 2013 requires review in view of the remedy available under the Bihar Privileged persons homestead Tenancy Act, 1947. (176 characters)
1 provisions across 1 enactments
Kanti Devi
The State of Bihar
The District Magistrate, Gopalganj
The Deputy Collector (Land Reforms ) Hathua
The Circle Officer, Kateya
The Superintendent of Police, Gopalganj
Kishore Kumar Mandal
As recorded by the court registry
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