High Court Patna High Court - Orders

Mostt.Krishna Devi & Anr vs The State Of Bihar & Ors on 11 July, 2011

Patna High Court – Orders
Mostt.Krishna Devi & Anr vs The State Of Bihar & Ors on 11 July, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      LPA No.1262 of 2010
                  1. Mostt.Krishna Devi wife of late Ramakant Kunwar,
                  resident of Village Samsa, Anchal Naokothi, PO & PS
                  Naokothi, District Begusarai
                  2. Lalan Kunwar son of late Ramakant Kunwar, resident
                  of Village Samsa, PO & PS Naokothi, District Begusarai
                                          ........Petitioners/Appellants
                                          Versus
                  1. The State Of Bihar
                  2. The Land Reforms Deputy Collector, Bakhari, PO
                  Samsa, PS Naokothi District Begusarai
                  3. The Anchal Adhikari, Naokothi, PO & PS Naokothi,
                  Distt. Begusarai
                  4. Prabha Devi wife of Awanish Kumar Singh
                  5. Kumud Ranjan son of Awanish Kumar Singh
                  6. Amit Ranjan son of Awanish Kumar Singh
                  Nos. 4 to 6 are resident of village Samsa, PO & PS
                  Naokothi, District Begusarai
                                          .......Respondents/Respondents
                                               -----------

02 11/7/2011 Heard Mr. Sudarshan Sharma for the appellants, and

learned Assistant Counsel to Additional Advocate General no.V. This

appeal under clause 10 of the Letters Patent of the High Court of

Judicature of Patna has been preferred by the petitioners of CWJC

No.15083 of 2006, and is aggrieved by the order dated 5.7.2010,

whereby the order dt. 30.8.2006 passed by the learned Deputy

Collector Land Reforms, District Begusarai, in Appeal no.02/2006-07,

has been upheld with the liberty to institute a suit in a court of

competent jurisdiction. We entirely agree with the order of the learned

Single Judge as the issue involved in this writ petition cannot be

decided on the basis of affidavits in writ jurisdiction.

2. The appeal is dismissed.

( S K Katriar )

( Vikash Jain )
mrl
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