Dismissed

Amrendra Kumar Singh v. The State of Bihar

Patna HC14 Jan 2020CWJC/813/2020

Case brief

AI extract

What is this about?

Petitioner challenged an order cancelling zamabandi via the Bihar Right to Public Grievance Redressal Act, 2015. Petitioner admitted delay of over 11 months without justification. Court dismissed the writ petition on grounds of delay and laches, reserving cause of action for future proceedings affecting contiguous lands.

What did the court decide?

Writ petition dismissed due to delay and laches. Cause of action reserved if future proceedings impact contiguous lands.

Amrendra Kumar Singh Vs The State of Bihar — Writ and Judicial Review | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 813 of 2020

¶2

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

¶3

Amrendra Kumar Singh, aged about 57 years, son of Late Deoki Nandan Prasad Singh, Resident of Village- Brahmsthan, PS- Bariarpur, DistrictMunger.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar

¶7

The Divisional Commissioner, Munger Division, Munger.

¶8

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

¶9

The D.C.L.R. Munger, District- Munger.

¶10

District Public Complaint Redressal Forum, Munger, District- Munger through the Officer, District Public Complaint Redressal Forum, Munger.

¶11

The Circle Officer, Bariarpur, District- Munger.

¶12

The Officer-in-Charge, Bariarpur, PS- Bariarpur, District- Munger.

¶13

... ... Respondent/s

¶14

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

¶15

Appearance : For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the State : Mr. Sajid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

¶16

ORAL JUDGMENT

¶17

Date : 14-01-2020

¶18

Heard learned counsel for the petitioner and learned SC

¶19

25 for the State.

¶20

The petitioner has moved the Court for the following

¶21

reliefs:

¶22

“I. That the present writ application is being filed against the order dated 30.01.2018 (Annexure-7) passed in Officer, Officer District Public Grievance Redressal, Munger, respondent no. 5 who has been pleased to observe regarding cancellation of the zamandi no. 19 of Muaza-Binda Diara, Tola-Bahihar, Thana No. 386, Thazi No. 1351, Khata No.-519, Plot No.-19, Area-31 acre

¶23

Patna High Court CWJC No.813 of 2020 dt.14-01-2020 2/3

¶24

and 87 decimal; on the ground that the District Public Grievance Redressal, Munger has no jurisdiction to usurp the jurisdiction of the Additional Collector and decide the zamabandi, the matter is sub judice before the appropriate forum, the long standing zamabandi cannot be cancelled by summary proceeding;

¶25

II. And for any other relief(s) for which the petitioners are entitled for in the facts and circumstances of the present case.”

¶26

The grievance of the petitioner is against an order passed by the Competent Authority under the Bihar Right to Public Grievance Redressal Act, 2015, which itself under Section 7 provides for appeal. However, the appeal is required to be filed within 30 days of the decision and the First Appellate Authority can condone a further delay of 15 days.

¶27

From the pleadings, the Court finds that there is admission on the part of the petitioner that he was in possession of the order impugned on 03.02.2019. Thereafter, the present writ petition has been filed after more than 11 months for which there is absolutely no explanation.

¶28

Having regard to the aforesaid, the Court is not inclined to interfere in the matter.

¶29

Accordingly, the writ petition stands dismissed on the ground of delay and laches.

¶30

However, as has been pointed out by learned counsel for the petitioner, in proceedings preferred by his co-sharer with

¶31

Patna High Court CWJC No.813 of 2020 dt.14-01-2020 3/3

¶32

regard to the contiguous lands, if any order passed in such proceedings which have a bearing on the issue involved in the present case, including its merit, the petitioner will have a cause of action to move before the appropriate forum in accordance with law thereafter.

¶33

(Ahsanuddin Amanullah, J.)

¶34

P. Kumar

¶35

AFR/NAFR U T

Amrendra Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amrendra Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manoj Rai Vs The State Of Bihar

Ashok Kumar, Vs The State of Bihar

Tilak Ray Vs The State of Bihar

Babban Singh Vs The State Of Bihar and Ors.

Anil Kumar Singh Vs The State Of Bihar through the Chief Secretary, Government of Bihar and Ors.

Md. Azimuddin Vs The State of Bihar