High Court Patna High Court - Orders

Ram Kishore Pandey vs The State Of Bihar &Amp; Ors on 1 April, 2011

Patna High Court – Orders
Ram Kishore Pandey vs The State Of Bihar &Amp; Ors on 1 April, 2011
                     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.
                                          -----------

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.)
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