Krishna Kumar Singh Arya @ Heera ... vs The State Of Bihar And Ors
2021 Latest Caselaw 672 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Letters Patent Appeal No.307 of 2019
                                       In
                 Civil Writ Jurisdiction Case No.1305 of 2019
     ======================================================

Krishna Kumar Singh Arya @ Heera Lal Yadav S/o Late Keshwar Prasad [email protected] Keshwar Singh Yadav, R/o-Village- Telhara, P.O. and P.S.- Telhara, Anchal- Ekangarsarai, Distt.- Nalanda

... ... Appellant/s Versus

1. The State of Bihar, through the Principal Secretary, Land Reform and Revenue Department, Government of Bihar, Patna

2. The Principal Secretary, Department of Co-operative, Government of Bihar, Old Sachivalay at Patna

3. The Divisional Commissioner, Patna Division, at Patna

4. The District Magistrate, Nalanda at Biharsharif

5. Additional Collector, Nalanda at Biharsharif

6. The Sub-Divisional Officer, Hilsa, Nalanda

7. The D.C.L.R., Hilsa, Nalanda

8. The Circle Officer, Ekangarsarai, Nalanda

9. Block Co-operative Officer, Ekangarsarai, Nalanda

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Raj Kishor Prasad, Advocate Mr. Lal Bahadur Singh, Advocate Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Md. Khurshid Alam (AAG-12) Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 04-02-2021

The present Letters Patent Appeal has been filed Patna High Court L.P.A No.307 of 2019 dt.04-02-2021

against the order dated 22.01.2019 passed by a learned Single

Judge of this Court in C.W.J.C. No. 1305 of 2019 titled as

Krishna Kumar Singh Arya @ Heera Lal Yadav Vs. The

State of Bihar and Others.

Having heard learned counsel for the parties as

also having gone through the records of this case, we find no

infirmity with the impugned order dated 22.01.2019 passed in

C.W.J.C. No. 1305 of 2019 titled as Krishna Kumar Singh

Arya @ Heera Lal Yadav Vs. The State of Bihar and

Others.

It is a settled proposition of law that mere

mutation does not confer any right or title.

Based on the entry of mutation in the Revenue

record, more so when the State seriously refutes the appellant's

claim of title, this Court, in view of the disputed question of

fact, cannot entertain the present appeal filed under Article 226

of the Constitution of India.

As such, we find that the learned Single Judge has

rightly dismissed the writ petition reserving liberty to the writ-

petitioner, appellant herein, to take recourse to remedies by

way of filing a Civil Suit.

As such, the present Letters Patent Appeal, devoid Patna High Court L.P.A No.307 of 2019 dt.04-02-2021

of merit, stands dismissed.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/P.K.P AFR/NAFR CAV DATE Uploading Date 05.02.2021 Transmission Date