Disposed

Amit Kumar Singh v. The State Of Bihar and Ors.

Patna HC15 Mar 2019CWJC/15101/2017

Case brief

AI extract

What is this about?

The court disposed of a writ application regarding the rejection of a mutation application. The petitioner was directed to file an appeal under the Bihar Land Mutation Act, 2011 within four weeks, with liberty to question the appellate authority's orders later.

What did the court decide?

Liberty to prefer an appeal under the Bihar Land Mutation Act, 2011 within four weeks; appellate body to condone delay.

Amit Kumar Singh Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15101 of 2017

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Amit Kumar Singh S/o Shri Sheo Shankar Prasad Singh resident of Jai Prakash Nagar, Karma Road, Aurangabad, P.S. and District - Aurangabad Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue & Land Reforms, Govt. of Bihar, Patna

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The Divisional Commissioner, Patna.

The District Magistrate-cum-Collector, District - Patna.

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The Deputy Collector Land Reforms, District - Patna.

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The Circle Officer, Patna Sadar, District - Patna.

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The Bihar State Financial Corporation, having its office at Frazer Road, Patna, through its Managing Director

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The Deputy Manager (Z -V), The Bihar State Financial Corporation, Frazer Road, Patna.

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The Branch Manager, The Bihar State Financial Corporation, Patna Branch, 5th Floor, Indira Bhawan, Ram Charitra Singh, Path, Patna

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The Bihar State Housing Board, Having its Head Office at Mangles Road, Patna through its Managing D

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Kishore Prasad For the State : Mr.Rishi Raj Sinha-SC-19 Mr. Saurabh Kumar, AC to SC 19 For respondent nos. 6 to 8 Mr. Anil Jayswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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2 15-03-2019 The application for mutation has been rejected by the

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Circle Officer by order dated 17.07.2017 on the ground that the said land has been acquired by the Bihar State Housing Board.

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It is the petitioner’s case that the petitioner had purchased the land in an auction sale held by the Bihar State Financial Corporation (BSFC).

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Patna High Court CWJC No.15101 of 2017(2) dt.15-03-2019 2/2

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Be that as it may, the petitioner has statutory remedy of appeal under the Bihar Land Mutation Act, 2011, before the appellate authority, which he has not availed.

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This writ application is disposed of with a liberty to the petitioner to question the correctness of the said order by filing an appeal to be decided on its own merit, in accordance with law.

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Considering the circumstance that the petitioner has been pursuing his remedy before this Court by filing the present writ application, right from October, 2017, it is directed that if any appeal is preferred within a period of four weeks from today, the appellate authority shall condone the delay in preferring the appeal.

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(Chakradhari Sharan Singh, J)

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HR/-

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Amit Kumar Singh v. The State Of Bihar and Ors.

Case brief

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Amit Kumar Singh v. The State Of Bihar and Ors.

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