Disposed

Bimla Devi v. The State Of Bihar and Ors.

Patna HC13 Mar 2023CWJC/3351/2018

Case brief

AI extract

What is this about?

In a patently withdrawn application for quashing an order cancelling a Basgit Parcha, the Patna High Court disposed of the matter as withdrawn. The bench granted liberty to the petitioner to file an appeal/appeal before the appropriate authority, allowing delay condonation based on the pending court period.

What did the court decide?

Withdrawal of the application accepted; liberty to file alternate appeal/appeal within four weeks; direction to condone delay.

Bimla Devi Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3351 of 2018

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Bimla Devi Wife of Karpuri Sharma, Resident of Village- Singhia Tola, Khairpura, Police Station- Singhia, District- Samastipur.

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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, Government of Bihar, Patna.

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Collector, Samastipur.

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Anchal Adhikari, Singhia, District- Samastipur.

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Punita Devi, Wife of Birendra Singh,

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Birendra Prasad Singh, Son of Late Jagdeo Singh, Respondent no.4 and 5 are resident of Village- Singhia, Police Station- Singhia, DistrictSamastipur.

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Karpuri Sharma, Son of Shiv Balak Sharma, Resident of Village- Singhia Tola, Khairpura, Police Station- Singhia, District- Samastipur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate Mr. Sada Nand Roy, Advocate For the Respondent/s : Mr. Ram Shankar Prasad, A.C. to G.P.14 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 13-03-2023 Heard learned counsel for the parties.

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The petitioner has filed the instant application for the

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following relief(s):

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“That this is an application for issuance of writ in the nature of certiorari quashing the order dated 13.12.2017 passed by Collector, Samastipur, in Basgit Parcha Case No.16 of 2015 by which he has cancelled the Basgit Parcha issued in favour of petitioner after setting aside the order of Anchal Adhikari dated 10.12.2013 passed in Basgit Parcha Case No.08 of 2013-14 and or to grant any other relief for which petitioner is entitled in the facts and circumstances of

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Patna High Court CWJC No.3351 of 2018(3) dt.13-03-2023 2/2

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the case.”

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At the outset, learned counsel for the State submits that the petitioner has an alternate and efficacious remedy of preferring an application/appeal under the Bihar Land Tribunal Act, 2009.

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After some argument, learned counsel for the petitioner seeks permission to withdraw this application to prefer an application/appeal before the appropriate authority in accordance with law.

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The application stands disposed of as withdrawn with the aforesaid liberty.

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In case, the application/appeal is filed within a period of four weeks from today, the authority concerned in considering the petition praying for condoning the delay in filing of the application/appeal shall take into consideration the period for which the instant application was pending in this Court.

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(Partha Sarthy, J)

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Saurabh/-

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Bimla Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Bimla Devi v. The State Of Bihar and Ors.

Case brief

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