Patna High Court
Binod Kumar Sinha vs The State Of Bihar And Ors on 5 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2944 of 2017
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Binod Kumar Sinha S/o- Late Mahaveer Prasad, R/o Village- Oap, P.S.-
Aungari, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Collector-Cum- District Magistrate, Nalanda at Bihar Sharif.
3. The Additional Collector-Cum-Additional District Magistrate, Nalanda at
Biharsharif.
4. The Circle Officer, Circle Ekangersarai, District- Nalanda.
5. The Circle Inspector, Circle Ekangersarai, District- Nalanda.
6. The Officer-in-Charge, Police Station, Ekangersarai, District- Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binit Kumar, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 05-08-2024
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The present writ petition has been preferred for the
following relief/s:-
"i) To issue an appropriate writ (s), order
(s) or Direction (s) commanding thereby to
the Respondent (s) Particularly to
Respondent No.3, the District Collector-
Cum-District Magistrate, Nalanda to
institute an appeal filed against
cancellation of Jamabandi by the
Additional Collector-Cum- Additional
Patna High Court CWJC No.2944 of 2017 dt.05-08-2024
2/3
District Magistrate, Nalanda in Jamabandi
cancellation case No. 31/2014-15 dated
27.02.2015
, thus thereafter promptly decide
the appeal after hearing the parties
concerned and in the meantime operation
of order impugned to be directed to kept in
abeyance.
(ii) To further issue an appropriate writ (s)
commanding thereby to the Respondent (s)
concerned to not disturb the petitioner's
right, title and possession of the land
appertaining to Khata No. 210, Khesra No.
and/or grant any other relief/reliefs
befitting in the facts and circumstances of
the case."
3. At the outset, learned counsel for the petitioner
confined his prayer with regard to disposal of appeal preferred
by the petitioner on 02-06-2015 within a time frame, against the
order dated 27-02-2015, passed in Jamabandi Cancellation Case
No. 31/2014-15, which is pending consideration before the
District Collector-cum-District Magistrate, Nalanda at Bihar
Sharif.
4. On the other hand, learned counsel for the State in
view of limited prayer canvassed on behalf of the petitioner,
does not object to the disposal of appeal preferred by the
Patna High Court CWJC No.2944 of 2017 dt.05-08-2024
petitioner, which is pending consideration.
5. In that view of the matter, the District Collector-
Cum- District Magistrate, Nalanda at Bihar Sharif (respondent
No.2) is directed to dispose of the appeal preferred by the
petitioner on 02-06-2015, against the order dated 27-02-2015,
passed in Jamabandi Cancellation Case No. 31/2014-15 by
passing a reasoned and speaking order after affording
opportunity of hearing to the parties concerned, in accordance
with law, within a period of four months from the date of
receipt/production of a copy of this order.
6. With the aforesaid direction, writ petition stands
disposed of.
(Rudra Prakash Mishra, J)
Raj Kishore/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
