Disposed

Vaikum Rai and Ors. v. The State Of Bihar and Ors.

Patna HC22 Jan 2020CWJC/3078/2017

Case brief

AI extract

What is this about?

The petitioners filed a writ petition to quash an order rejecting their plea for cancellation of a land settlement in favour of respondents Nos. 9 to 11. The Court held that since an appeal was an available and efficacious remedy, the writ petition was not maintainable. The petition was disposed of without a decision.

What did the court decide?

The writ petition was disposed of with liberty to the petitioners to file an appeal before the appropriate authority.

Vaikum Rai and Ors. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3078 of 2017

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======================================================

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Vaikum Rai Son of Late Sastanand Rai

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Sudhir Rai, Son of Late Girish Rai

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Mohan Rai, Son of Ghogho Rai

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Bhajju Rai, Son of Late Mahesh Rai All the Resident of Village-Dhoomtola, Police Station-Barsoi, DistrictKatihar

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... ... Petitioner/s

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Versus

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The State Of Bihar through Principal Secretary, Revenue and Land Reforms Department, Patna

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The Director, Revenue and Land Reforms Department, Government of Bihar

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The District Magistrate, Katihar

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The Additional Collector, Katihar

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The Sub Divisional Magistrate, Barsoi, District-Katihar

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The Deputy Collector Land Reforms, Barsoi, Katihar

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The Circle Officer, Barsoi, District-Katihar

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Mayani Devi, Wife of Haren Rai

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Panchandand Rai, Son of Isak Lal Rai

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Trityanand Rai, Son of Isak Lal Rai All 8 to 10 Resident of Village-Dhoomtola, Police Station-Barsoi, DistrictKatihar.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Binod Kumar Sinha For the Respondent/s : Mr.Md.Khurshid Alam-AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 22-01-2020 Heard both sides.

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The petitioners filed this writ petition to quash the

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order dated 25.06.2016 passed by the Additional Collector, Katihar in Misc. (Settlement) Case No.41 of 2012 by which the petition of the petitioners for cancellation of settlement of land

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Patna High Court CWJC No.3078 of 2017(2) dt.22-01-2020 2/2

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in favour of respondent Nos.9 to 11 has been rejected.

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There is a provision of appeal against the order of the Additional Collector but the petitioners without availing the alternative and efficacious remedy filed this writ petition.

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In this view of the fact, I dispose of this writ petition with liberty to the petitioners to file appeal before the appropriate authority against the order of the Additional Collector, Katihar.

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With the aforesaid observation, this writ petition is disposed of.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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Vaikum Rai and Ors. v. The State Of Bihar and Ors.

Case brief

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Vaikum Rai and Ors. v. The State Of Bihar and Ors.

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