Ramesh Kumar Singh v. The State of Bihar

Patna HC5 Jan 2024CWJC/131/2024

Case brief

AI extract

What is this about?

CWJC No. 131 of 2024; Patna High Court; Ramesh Kumar Singh & Rama Singh @ Ramji Singh v. State of Bihar & others; Justice Sandeep Kumar; order dated 05-01-2024; Jamabandi Cancellation Appeal Case No. 10 of 2023; District Magistrate Araria; time-bound disposal within one month; hearing of intervenor; recall of date fixed 22.02.2024; stay petition to be considered on first date of hearing; writ application disposed of.

What did the court decide?

Writ application disposed of with directions to the District Magistrate, Araria to decide Jamabandi Cancellation Appeal Case No. 10 of 2023 within a month after hearing all concerned parties including the intervenor, to recall the date fixed for 22.02.2024 and conclude the appeal within the time frame, and to consider any stay petition filed by the petitioners on the first date of hearing. ¶¶25

Ramesh Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the District Magistrate, Araria to dispose of Jamabandi Cancellation Appeal Case No. 10 of 2023 within a stipulated time frame, after hearing all concerned parties including the intervenor.

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Court's answer

The District Magistrate, Araria is directed to decide Jamabandi Cancellation Appeal Case No. 10 of 2023 within a month from receipt/communication of a copy of the order, after hearing all concerned parties including the intervenor.

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Ratio / Principle

In view of the submission that the appeal was already listed for 22.02.2024, the District Magistrate, Araria is further directed to recall that date and conclude the appeal within the time frame directed above.

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Key takeaways

If any stay petition is filed by the petitioners in the appeal, the same shall be considered by the District Magistrate, Araria on the first date of hearing.ratio¶¶24

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), by oral order dated 05-01-2024, disposed of CWJC No. 131 of 2024 filed by two petitioners seeking timely disposal of Jamabandi Cancellation Appeal Case No. 10 of 2023 pending before the District Magistrate, Araria. The Court directed the District Magistrate to decide the appeal within a month of receipt/communication of the order after hearing all concerned parties including the intervenor; upon being informed that the appeal was already listed for 22nd February, 2024, the Court further directed that the said date be recalled and the appeal concluded within the time frame; and directed that any stay petition filed by the petitioners be considered on the first date of hearing. Application disposed of accordingly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.131 of 2024

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Ramesh Kumar Singh Son of Late Ram Barai Singh, Permanent resident of village - Thakurbari Road, Ward No. - 5, P.S. and P.O. - Jogbani, District - Araria Petitioner No. 1 at present resides at 222, Triveni Apartment, East Boring Canal Road, P.S. Budha Colony, District - Patna.

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Rama Singh @ Ramji Singh Son of Late Ram Barai Singh, Permanent resident of village - Thakurbari Road, Ward No. - 5, P.S. and P.O. - Jogbani, District - Araria Petitioner No. 1 at present resides at 222, Triveni Apartment, East Boring Canal Road, P.S. Budha Colony, District - Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through District Magistrate, Araria.

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District Magistrate, Araria.

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Additional Collector, Araria.

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Deputy Collector Land Reform, Forbesganj.

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Circle Officer, Forbesganj.

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Shekh Monif, Son of Shekh Islam, Resident of village - Amouna, Ward No. - 05, P.S. Jogbani, District - Araria.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sanjay Singh For the Respondent/s : Mr.Standing Counsel (4) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 05-01-2024 Heard the parties.

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The District Magistrate, Araria is directed to

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decide the Jamabandi Cancellation Appeal Case No. 10 of 2023 within a month from the date of receipt/communication of a copy of this order after hearing all the concerned parties including the intervenor.

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It has been informed by the learned counsel for the petitioner that the next date of hearing of the appeal is fixed on 22^nd February, 2024.

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Patna High Court CWJC No.131 of 2024(2) dt.05-01-2024 2/2

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In view of the above submission, the District Magistrate, Araria is further directed to recall the date fixed by him i.e. 22.02.2024 and conclude the same within the time frame as directed above.

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If any stay petition is filed by the petitioner in the appeal then the same shall be considered on the first date of hearing by the District Magistrate, Araria.

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With the aforesaid directions, this application is disposed of.

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(Sandeep Kumar, J)

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Vikas/-

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Ramesh Kumar Singh v. The State of Bihar

Case brief

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Ramesh Kumar Singh v. The State of Bihar

Case brief

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