The Patna High Court quashed an order passed during a national lockdown. The writ application was allowed, and the matter was remitted to the Collector for fresh consideration after hearing the petitioner.
Application allowed; order dated 07.04.2020 remitted to Collector for fresh consideration; possession of petitioner shall not be disturbed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1047 of 2021
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Santosh Kumar Singh @ Chhedi Son of Late Akbal Narayan Singh, Resident of Mouza-Khewali, District - Varanasi.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Respondent/s : Mr.Dhurjati Kumar Prasad, GP 14 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 29-08-2022 Heard the parties.
The order dated 07.04.2020 contained in Annexure-3
has been challenged in this writ application. From paragraph 2 of the order dated 07.04.2020 it is evident that the notice for the proceeding was published on 24.03.2020 and thereafter, the proceeding has been concluded on 07.04.2020.
During this period there was complete lock down in the country so this order cannot be sustained, the same is dismissed.
The matter is remitted back to the Collector, Kaimur Bhabua for fresh consideration in accordance with law after hearing the petitioner and after examining each and every contention raised by the petitioner including the fact that the will
Patna High Court CWJC No.1047 of 2021(4) dt.29-08-2022 2/2
in favor of the petitioner was probated in favor of the petitioner.
With the aforesaid observations and directions this application is allowed. During the pendency of the proceeding before the Collector the possession of the petitioner shall not be disturbed.
(Sandeep Kumar, J)
shweta/-
U
2 issues framed by the court
Whether an order passed during a national lockdown can be sustained.
Whether the possession of the petitioner should be disturbed during the pendency of proceedings before the Collector.
Santosh Kumar Singh @ Chhedi
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar
The District Magistrate, Bhabua
The Circle Officer, Durgawati Circle
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
