Patna High Court
Jogendra @ Jogendra Paswan Andor vs The State Of Bihar And Ors on 9 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10205 of 2007
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1. Jogendra @ Jogendra Paswan
2. Krishna @ Kishan Paswan
3. Lakhan @ Lakhan Paswan
4. Jharia @ Jharilal
5. Ashok @ Ashok Paswan
6. Lachmi @ Lachmi Paswan, All son of late Ram Saran @ Ram Sadan.
7. Jay Lal, son of Late Ram Swaroop, all are resident of Mohalla-Dusadh Toli,
Kajla Mani, P.S. & P.O.-Kishanganj, Dist- Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director, Consolidation, Bihar, Budh Marg, Patna 1
3. Bibi Jahan Ara Begum, daughter of late Qumrul Hoda and wife of Md.
Firoz Akhtar, resident of Mohalla- Line, P.O. & P.S. and District-Kishanganj.
4. Mahabir Sah, son of Billat Sah.
5. Kishan Sah.
6. Satyanarain Sah. Sl. No. 5 and 6 son of Mahabir Sah. All Sl. No. 4 to 6 are
resident of Mohalla- Millanpally Ward No. 21, P.O. & P.S.- and District-
Kishanganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bagrangi Lal, Advocate
For the Respondent/s : Mrs. Binita Singh, SC-28
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 09-12-2021
Petitioners have prayed for the following relief(s):-
"1. For issuance of appropriate
writ/order/Direction in the nature of certiorary
commanding the respondents to quash the order
dated 08.05.2007 passed in Consolidation,
Revision Case No. 47 of 2005 and 72 of 2005 by
the Director, Consolidation, Bihar, Patna
whereby and whereunder the learned Director
has been pleased to allow the Revision cases and
directed to delete the name of their late fathers
Patna High Court CWJC No.10205 of 2007 dt.09-12-2021
as sikimidar Raiyats from the consolidation
Khatiyan appertaining to Revisional Survey
Khata No. 18, Plot no. 318, measuring an area of
1.95 Acres under Revisional Survey Sikmi
Khata no. 26 corresponding to chak Khata no.
35, Chak Plot no. 133/07 Area 0.30 Acres and
Chak Plot no. 133/02 Area 1.65 Areas and in
regard to 2 Bigha 12/ ½ of Land appertaining to
plot no. 310 and 311."
Learned counsel for the petitioners seeks permission
to withdraw the present petition reserving liberty to file an
appropriate application before the competent authority under the
provisions of the Bihar Land Tribunal Act, 2009.
Permission granted.
Needless to add, if such a petition is filed before the
competent authority within a period of two months, the issue of
limitation shall not come in the way of deciding the same on
merits within a period of three months from the date of filing of
the petition along with a copy of this order. Also, liberty
reserved to the petitioner to take recourse to such other remedies
as are otherwise available in accordance with law, before the
appropriate forum.
It is made clear that this Court has not expressed any
opinion on the merits of the case and all issues are left open.
Patna High Court CWJC No.10205 of 2007 dt.09-12-2021
The instant petition stands disposed of as withdrawn
with the aforesaid liberty/observation.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 10.12.2021
Transmission Date
