Deputy Collector, Land Reforms at Banmankhi within the district of v. Purnia
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 4409 of 2006 ====================================================== Ramji Uraon son of Late Mangal Uraon, resident of Village Radha Nagar Police Station Banmankhi District Purnia. .... .... Petitioner 1. The State of Bihar 2. Deputy Collector, Land Reforms at Banmankhi within the district of Versus Purnia. 3. Shri Ganga Sah Son of Late Ram Briksha Prasad Sah, resident of village Banmankhi P.S. Banmankhi District Purnia and at present- Village Puraini Bazar Police Station Chousa District Madhepura. 4. Sri Shiv Shankar Prasad Gupta Son of Late Kedar Prasad Gupta resident of Banmankhi P.S. Banmankhi District Purnia and at Present of Mohalla Madhubani Korat Bari Police Station Khajanchi Hat Distt. Purnia. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 4503 of 2006 ====================================================== Harindar Uraon Son of Late Sahdeo Uraon Resident of Village Radhanagar Police Station Banmankhi District Purnia. .... .... Petitioner 1. The State of Bihar 2. Deputy Collector, Land Reforms at Banmankhi within the district of Versus Purnia.
Legal Reasoning
3. Shri Ganga Sah Son of Late Ram Briksha Prasad Sah, resident of village Banmankhi P.S. Banmankhi District Purnia and at present- Village Puraini Bazar Police Station Chousa District Madhepura. 4. Sri Shiv Shankar Prasad Gupta Son of Late Kedar Prasad Gupta resident of Banmankhi P.S. Banmankhi District Purnia and at Present of Mohalla Madhubani Korat Bari Police Station Khajanchi Hat Distt. Purnia. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 4856 of 2006 ====================================================== Rajendra Uraon Son of Late Kari Uraon resident of Village Radha Nagar Police Station Banmankhi District Purnia. .... .... Petitioner 1. The State of Bihar 2. Deputy Collector, Land Reforms at Banmankhi within the district of Versus Purnia. 3. Shri Ganga Sah Son of Late Ram Briksha Prasad Sah, resident of village Banmankhi P.S. Banmankhi District Purnia and at present- Village Puraini Bazar Police Station Chousa District Madhepura. 2 Patna High Court CWJC No.4409 of 2006 (5) dt.08-04-2013 2 / 4 4. Sri Shiv Shankar Prasad Gupta Son of Late Kedar Prasad Gupta resident of Banmankhi P.S. Banmankhi District Purnia and at Present of Mohalla Madhubani Korat Bari Police Station Khajanchi Hat Distt. Purnia. .... .... Respondents s ====================================================== with Civil Writ Jurisdiction Case No. 4843 of 2006 ====================================================== Kumar Lal Uraun Son of Late Gitalal Uraun resident of Village Radha Nagar Police Station Banmankhi District Purnia. .... .... Petitioner 1. The State of Bihar 2. Deputy Collector, Land Reforms at Banmankhi within the district of Versus Purnia. 3. Shri Ganga Sah Son of Late Ram Briksha Prasad Sah, resident of village Banmankhi P.S. Banmankhi District Purnia and at present- Village Puraini Bazar Police Station Chousa District Madhepura. 4. Sri Shiv Shankar Prasad Gupta Son of Late Kedar Prasad Gupta resident of Banmankhi P.S. Banmankhi District Purnia and at Present of Mohalla Madhubani Korat Bari Police Station Khajanchi Hat Distt. Purnia. .... .... Respondents s ====================================================== with Civil Writ Jurisdiction Case No. 4836 of 2006 ====================================================== Domi Uraon Son of Late Mangru Uraon Resident of Village Radha Nagar Police Station Banmankhi District Purnia. .... .... Petitioner 1. The State of Bihar 2. Deputy Collector, Land Reforms at Banmankhi within the district of Versus Purnia. 3. Shri Ganga Sah Son of Late Ram Briksha Prasad Sah, resident of village Banmankhi P.S. Banmankhi District Purnia and at present- Village Puraini Bazar Police Station Chousa District Madhepura. 4. Shri Shiv Shankar Prasad Gupta Son of Late Kedar Prasad Gupta Resident of Banmankhi Police Station Banmankhi District Purnia and at Present of Mohalla Madhubani Korat Bari Police Station Khajanchi Hat Distt. Purnia. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5. 08-04-2013 Heard Sri Arun Prasad Ambastha, learned counsel for 3 Patna High Court CWJC No.4409 of 2006 (5) dt.08-04-2013 3 / 4 the petitioner in all aforesaid cases, learned State counsel as well as Sri Kumar Uday Singh, learned counsel appearing on behalf of private respondent(s). The aforesaid writ petitions were heard together alongwith another writ petition i.e. C.W.J.C. No. 4834 of 2006. On 18-12-2007, in all aforesaid cases including C.W.J.C. No. 4834 of 2006, time was granted to the State counsel for filing counter affidavit. In all the aforesaid writ petitions, order under- challenge is of Deputy Collector Land Reforms, Banmankhi, Purnia (hereinafter referred to as ‘D.C.L.R.’), by which, the D.C.L.R. had rejected the claim of Bataidars under Section 48E of Bihar Tenancy Act, 1885, without reference to the Bataidari Board. Subsequently, one of the writ petitions i.e. C.W.J.C. No. 4834 of 2006 stood dismissed due to non-prosecution. Thereafter, a restoration petition, vide M.J.C. No. 2670 of 2008, was heard alongwith main writ petition i.e. C.W.J.C. No. 4834 of 2006 and a Coordinate Bench of this Court, after hearing the parties at length both on restoration petition and on merit of the writ petition, dismissed both petitions i.e. M.J.C. No. 2670 of 2008 as well as C.W.J.C. No. 4834 of 2006 by order dated 21-01-2009. Sri Kumar Uday Singh, learned counsel for private respondent(s) has produced a copy of order dated 21-01-2009 4 Patna High Court CWJC No.4409 of 2006 (5) dt.08-04-2013 4 / 4 passed in M.J.C. No. 2670 of 2008 with C.W.J.C. No 4834 of 2006. He has raised an objection that since one of the writ petitions, which was earlier directed to be heard together, has already been rejected on merit by a coordinate bench of this Court by assigning detailed reasons, same would be result in the aforesaid writ petitions. Sri Ambastha, learned counsel for the petitioner had tried to persuade the Court that aforesaid writ petitions may be decided on its own merit. Since the issue involved in aforesaid writ petitions has already been adjudicated by a coordinate bench of this Court, it would not be appropriate for this Court to deviate from the order passed in C.W.J.C. No. 4834 of 2006. Moreover, C.W.J.C. No. 4834 of 2006 was initially taken up together alongwith present writ petitions on 18-12-2007 and as such, without deviating from the order passed in C.W.J.C. No. 4834 of 2006, the aforesaid writ petitions stand dismissed in the same term. Anay (Rakesh Kumar, J.)