IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5823 of 2011
RAM KISHORE PANDEY S/O LATE LAXMAN NARAYAN PANDEY
R/O SATGHARA, P.S. RAJNAGAR, DIST. MADHUBANI
--- PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, MADHUBANI
3. THE SUB-DIVISIONAL OFFICER, SADAR MADHUBANI
4. THE CIRCLE OFFICER, RAJNAGAR, MADHUBANI
5. SMT. SANTI DEVI W/O LATE CHANDESHWAR PRASAD GUPTA R/O
SATGHARA, MUZZAFARGANJ, P.S. RAJNAGAR
6. DEPUTY COLLECTOR, LAND REFORMS, MADHUBANI., DIST.
MADHUBANI
--- RESPONDENTS.
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02 01.04.2011 Learned counsel for the petitioner prays for and is permitted
to add D.C.L.R., Madhubani as party respondent no.6.
Heard learned counsel for the petitioner and the State.
Although the application was filed seeking quashment of
letter dated 10.02.2011 as contained in Annexure-9 as also a
direction upon the respondent authorities not to disturb the
possession of the petitioner except in accordance with law but
during argument Ms. M. Chatterjee,learned counsel appearing on
behalf of the petitioner submits that the petitioner would be satisfied
if appropriate direction is issued to the appellate authority D.C.L.R.
Madhubani to dispose of the pending appeal filed by the petitioner
on 16.03.2011 (Annexure-8). It is submitted that the action taken in
respect of the land by virtue of order contained in Annexure-9 may
be made subject to result of the appeal preferred by the petitioner or
revision, if any, preferred by the parties..
Mr. J.S. Arora, Standing Counsel no.6 in view of the said
submission submits that the matter can be disposed of with the
2
aforesaid direction commanding the appellate authority to dispose of
the pending appeal expeditiously.
Having heard the parties, the application is disposed of by
the following order:-
Let petitioner approach the said respondent within a period
of 03 weeks along with a copy of the present order whereafter the
respondent no.6 (D.C.L.R. Madhubani) shall consider and dispose of
the pending appeal in accordance with law after affording
opportunity of hearing to the parties.
By Annexure-9, step has been taken, on the request of
respondent no.5, for measurement of the land claimed by her. This
Court at this stage only observes that any action taken by the
respondent(s) pursuant to the order creating jamabandi in the name
of respondent no.5 shall be subject to the result of the appeal
preferred by the petitioner or revision, if any, to be preferred by the
parties thereagainst.
( Kishore K. Mandal, J.)
Sym