Disposed¶31

Madhusudan Thakur v. Azhar Ali @ Ajhar Ali

Patna HC28 Jan 2025L.P.A/1206/2023

Case brief

AI extract

What is this about?

Letters Patent Appeal against writ-court remand order; Bihar Land Tribunal (B.L.T.) remand upheld; appeal against order of remand not entertained and disposed of; C.W.J.C. No.9462 of 2020; Madhusudan Thakur v. Azhar Ali @ Ajhar Ali and others; land dispute, Purnea/Bihar land records; direction that B.L.T. consider submissions of all parties and decide afresh in accordance with law; Patna High Court, oral order dated 28-01-2025; Ashutosh Kumar, Acting Chief Justice; Partha Sarthy, J.; no statute or precedent cited.

What did the court decide?

Appeal disposed of. The remand of the matter to the Bihar Land Tribunal stands; the B.L.T. is expected to take into account the submission of all the parties and pass a fresh order in accordance with law within a reasonable period of time. ¶31

Madhusudan Thakur Vs Azhar Ali @ Ajhar Ali — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Letters Patent Appeal against the judgment dated 14.09.2022 in CWJC No.9462 of 2020 - which remanded the issue to the Bihar Land Tribunal for a fresh decision, on the appellant's sole ground that his contentions were not recorded and the order rested primarily on the respondents'/writ petitioners' submissions - ought to be entertained.

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Court's answer

When the issue has been remanded to the B.L.T. (Bihar Land Tribunal) for fresh consideration, there is no reason for entertaining an appeal against such an order of remand; on this basis the Letters Patent Appeal is disposed of.

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Key takeaways

Observation on the impugned judgment: from a perusal thereof, the facts were stated, though the submission on behalf of the respondents/writ petitioners was only noted in detail; the Court nevertheless proceeded 'in any view of the matter' to decline entertainment of the appeal against the remand.obiter¶26

Detailed headnote1 paragraphs

Patna High Court (Ashutosh Kumar, Acting Chief Justice, for the bench incl. Partha Sarthy, J.), by oral order dated 28-01-2025 in L.P.A. No.1206 of 2023 arising out of C.W.J.C. No.9462 of 2020, disposed of the appeal challenging the judgment dated 14.09.2022 by which the land dispute between Madhusudan Thakur and the respondents stood remanded to the Bihar Land Tribunal (B.L.T.) for a fresh decision. The appellant's sole grievance was that his contentions were not recorded in the impugned judgment and that it rested primarily on the respondents'/writ petitioners' submissions. Holding that, once an issue stands remanded to the B.L.T. for fresh consideration, there is no reason to entertain an appeal against such an order of remand, the Court disposed of the appeal, noting in passing that the impugned judgment had stated the facts though detailed only the writ petitioners' submissions, and expressed the expectation that the B.L.T. shall take into account the submissions of all parties and pass a fresh order in accordance with law within a reasonable period of time.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1206 of 2023 In

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Civil Writ Jurisdiction Case No.9462 of 2020

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Madhusudan Thakur Son of Late Shiva Nand Thakur Resident of VillageKhokha, P.S.- K. Nagar (Shahayak P.S.- Srinagar) Post Office- Khokha, District- Purnea.

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... ... Appellant/s

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Versus

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Azhar Ali @ Ajhar Ali Son of Late Abdul Mannan

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Yakub Ali, Son of Azhar Ali

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Fatema Khatoon, Wife of Azhar Ali All Resident of Village- Bansar, P.S.- K. Nagar (Shahayak P.S.- Srinagar), District- Purnea.

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The State of Bihar, through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

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The District Magistrate, Purnea.

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The Additional Collector Purnea, District Purnea.

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The Deputy Collector Land Reforms Sadar Purnea, District Purnea.

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The Circle Officer, Srinagar, District Purnea.

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Naresh Kumar Bhuwania, Son of Shankar Lal Bhuwania Resident of Village- Bansar, P.S.- K. Nagar(Shahayak P.S.- Srinagar, District- Purnea, At present Resident of Champa Bhawan, Rajendra Prasad Road Bhagalpur P.S.Adampur, District- Bhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Siyaram Sahi, Advocate Mr. Nityanand Jha, Advocate For the Respondent/s : Md. Khurshid Alam, AAG-12 Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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3 28-01-2025 We have heard Mr. Siyaram Sahi, the

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learned Advocate for the appellant and Mr. Arun Kumar Bhagat, the learned A.C. to AAG-12 for

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Patna High Court L.P.A No.1206 of 2023(3) dt.28-01-2025 2/3

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the State.

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The appellant has challenged the judgment dated 14.09.2022 passed in CWJC No.9462 of 2020 whereby the issue has been remanded to the Bihar Land Tribunal for a fresh decision in the matter on the sole ground that his contentions were not recorded in the order

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and the order was based primarily on the submissions made on behalf of the respondents/writ petitioners.

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From a perusal of the judgment impugned, it appears that the facts have been

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stated though the submission on behalf of the respondents/writ petitioners was only noted in detail.

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In any view of the matter, when the issue has been remanded to the B.L.T. for a fresh consideration, there is no reason for entertaining this appeal against such an order of remand.

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