Writ petition filed to quash an order remanding a land dispute matter to the Sub Divisional Officer. The Court observed that prejudicial findings by the Tribunal would not bind the authority below while disposing of the petition.
Observation that prejudicial findings by the Tribunal shall not bind the court below.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23236 of 2019
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Ishwari Prasad Mehta @ Ishwari Mehta Son of Late Muni Lal Mehta Resident of Village- Gadhiya Baluwa, Police Station- K. Nagar, DistrictPurnea.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Jitendra Prasad Singh For the Respondent/s : Mr.Sajid Salim Khan (SC25) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 16-12-2019 Heard both sides.
The petitioner has filed this writ petition to quash the order dated 01.08.2019 passed by the learned Member (Administrative), Bihar Land Tribunal, Patna in B.L.T. case No. 242 of 2018 by which the learned Member (Administrative), Bihar Land Tribunal, Patna remanded the matter back to the Sub Divisional Officer, Sadar, Purnea for disposal.
The learned counsel for the petitioner submits that the matter has already been remanded but the learned Member
Patna High Court CWJC No.23236 of 2019(2) dt.16-12-2019 2/2
(Administrative), Bihar Land Tribunal, Patna recorded a finding at page 43 in paragraph 2 which is prejudicial to the case of the petitioner. It is submitted that this writ petition may be disposed of with an observation that any finding recorded by the learned Member (Administrative), Bihar Land Tribunal, Patna would not prejudice the case of either party.
Having considered the submissions and the fact that the matter is remanded to the authority, after setting aside the order to decide the case afresh, I am not inclined to interfere in the impugned order but at the same time it is observed that any finding prejudicial to the case of the petitioner shall not be binding on the court below which shall decide the matter on merit in accordance with law.
With the aforesaid observation, this writ petition is disposed of.
(Prabhat Kumar Jha, J)
BKS/-
U
Ishwari Prasad Mehta
The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar
The Sub-Divisional Officer, Sadar, Purnea
The Circle Officer, Sri Nagar, Purnea
Soni Devi
Pradeep Choudhary
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
