Clarifies that dismissing the Letters Patent Appeal does not bar petitioners from availing other statutory remedies available to them under the consolidation laws.
Clarification issued and application disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4030 of 2016
In
Letters Patent Appeal No.607 of 2014
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s : Mr.MD. KHURSHID ALAM AAG12 Mr. Fakhruddin Ali Ahmad, AC to AAG-12
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-10-2017
Having heard learned counsel for the parties, we are of the considered view that if the representation filed by the petitioners under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 was not maintainable in view of the
Patna High Court MJC No.4030 of 2016 dt.11-10-2017 2/2
delay and the Division Bench in LPA No. 607 of 2014 was of the view that the representation was rightly dismissed on account of delay, we clarify that apart from the remedy of review if the petitioners has any other statutory remedy available with regard to the impugned action or actions, dismissal of LPA No. 607 of 2014 shall not come in the way of the petitioners in taking recourse to such statutory remedy as may be available in accordance with law.
Apart from the remedy under the Consolidation Act, dismissal of the LPA shall not come in the way of the petitioners in invoking the remedy either under the Consolidation Act or under any other statutory provision.
With the aforesaid clarification of the order passed in the
LPA, this application stands disposed of.
(Rajendra Menon, CJ)
spandey/-
( Anil Kumar Upadhyay, J)
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.10.2017 |
| Transmission Date |
Ram Murat Nonia and Ors
The State Of Bihar and Ors
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
