IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12352 of 2011
1. Lalsa Devi W/O Shri Anil Sharma R/O Vill. Kab P.S.
Bikram District: Patna , Currently Residing At Rani Talab
Kanpa , District: Patna.
Versus
1. The State Of Bihar
2. The Collector, Patna
3. The Deputy Collector Land Reforms, Paliganj, Patna.
4. Rabindra Nath Tiwary S/O Late Deo Nandan Tiwary R/O
Vill- Kab Tola , Basantpur , P.S. Bikram , Currently Residing
At Rani Talab , P.S. Kanpa , Patna.
5. Mostt. Lal Muni Devi W/O Late Dinesh Tiwary R/O Vill-
Kab Tola , Basantpur , P.S. Bikram , Currently Residing At
Ashiyana , Sector 4 Gandhi Nagar , Patna.
For the Petitioner : M/s Patanjali Rishi and
Sanjeet Kumar Singh, Advocates
For the State : Mr. Adityua Natha Pandey, AC to GA 5
2 05.09.2011
Heard learned counsel for the petitioner and
the State.
Petitioner seeks quashing of the order dated
27.10.2010 passed by the respondent no. 3, the
Deputy Collector, Land Reforms, Paliganj in Land
Ceiling Case No. 39 of 2009-10 filed under Section
16(3) of the Bihar Land Reforms (Fixation of Ceiling
Area and Acquisition of Surplus Land) Act, 1961.The
application for preemption was allowed by the
impugned order.
2
However, it is fairly submitted on behalf of
the petitioner that appeal being Land Ceiling Appeal
No. 59 of 2010 has also been filed against the
aforesaid order which is pending before the respondent
no. 2. A copy of the memorandum of appeal has been
appended as Annexure 7 to this writ application.
In above view of the matter, since the
petitioner has already challenged the order
impugned before the appellate authority, he cannot
maintain this writ application at this stage.
Accordingly, this writ application is
dismissed.
However, the respondent no. 2 should
take steps for expeditious disposal of the concerned
appeal.
Spd/- ( Dr. Ravi Ranjan, J.)