Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2702 of 2003 ====================================================== 1. Manorma Devi @ Manormajee, wife of late Sachchida Nand Singh (since dead, her name has been expunged and is substituted by her heirs and legal representatives vide order dated 27.9.2012. Her three sons are already on record as petitioner Nos. 2, 3 and 4) i) Sarita Jha daughter of Late Sachchida Nand Singh and Late Manorma Devi @ Manormajee, resident of Mohalla + P.S.-Patel Nagar, District- Patna. 2. Isha Nand Singh, son of late Sachchida Nand Singh and late Manorma Devi @ Manormajee 3. Ila Nand Singh, son of late Sachchida Nand Singh and late Manorma Devi @ Manormajee 4. Ishwara Nand Singh, son of late Sachchida Nand Singh and late Manorma Devi @ Manormajee Nos. 2, 3 & 4 are residents of village-Sri Nagar, P.S.-Kritya Nand Nagar, District-Purnea. Versus .... .... Petitioner/s 1. The State Of Bihar, through the Sub Divisional Officer, Sadar, Purnea 2. The Sub Divisional Officer, Sadar, Purnea 3. The Circle Officer, Kritya Nand Nagar, Purnea 4. Md. Mansoor Haque, son of S.K. Samad, resident of village-Chandghat, P.S.-K. Nagar, Distrtict-Purnea. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2715 of 2003 ====================================================== 1. Manorama Devi @ Manormajee, wife of late Sachchida Nand Singh (since dead, her name has been expunged and is substituted by her heirs and legal representatives vide order dated 27.9.2012. Her sons are already on record as petitioner Nos. 2,3 & 4) (A ) Smt. Sarita Jha , daughter of late Sachchida Nand Singh and Late Manorama Devi @ Manormajee, resident of Mohalla + P.S.-Patel Nagar, District-Patna. 2. Sri Isha Nand Singh, son of Late Sachchida Nand Singh 3. Ila Nand Singh, son of Late Sachchida Nand Singh 4. Ishwara Nand Singh, son of Late Sachchida Nand Singh Nos. 2, 3 & 4 are residents of village-Sri Nagar, P.S.-Kritya Nand Nagar, District-Purnea. .... .... Petitioner/s Versus 1. The State Of Bihar, through the Sub-Divisional Officer, Sadar, Purnea. 2. The Sub Divisional Officer, Sadar, Purnea 3. The Circle Officer, Kklrityanand Nagar, Purnea 4. The Deputy Collector Land Reforms, Sadar, Purnea 5. Bani Israil, son of Jafar Ali, resident of village-Chandghat, P.S.-K. Nagar, District-Purnea. .... .... Respondent/s
Legal Reasoning
Patna High Court CWJC No.2702 of 2003 (9) dt.03-09-2013 2/5
Legal Reasoning
====================================================== with Civil Writ Jurisdiction Case No.2716 of 2003 ====================================================== Manorma Devi @ Manorma Jee, wife of Late Sachchida Nand Singh ( since dead, her name has been expunged and is substituted by her heirs and legal representatives vide order dated 27.9.2012. Her sons are already on record as petitioner Nos. 2, 3 & 4) (A) Smt. Sarita Jha daughter of Late Sachchida Nand Singh, resident of Mohalla + P.S.-Patel Nagar, District-Patna. 2. Sri Isha Nand Singh, son of Late Sachchida Nand Singh 3. Ila Nand Singh, son of Late Sachchida Nand Singh 4. Ishwaranand Singh, son of Late Sachchida Nand Singh Nos.2, 3 and 4 are residents of village-Sri Nagar, P.S.-Kritya Nand Nagar, District-Purnea. Versus .... .... Petitioner/s The State Of Bihar, through the Sub Divisional Officer, Sadar, Purnea The Sub Divisional Officer, Sadar, Purnea The Circle Officer, Krityanand Nagar, Purnea The Deputy Collector Land Reforms, Sadar, Purnea 1. 2. 3. 4. 5. Mansoor , son of Afsar Ali, resident of village-Chandghat, P.S.-K. Nagar, District-Purnea .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2738 of 2003 ====================================================== Manorma Devi @ Manorma Jee, wife of Late Sachchida Nand Singh ( since dead, her name has been expunged and is substituted by her heirs and legal representatives vide order dated 27.9.2012. Her sons are already on record as petitioner Nos. 2, 3 & 4) (A) Smt. Sarita Jha daughter of Late Sachchida Nand Singh, resident of Mohalla + P.S.-Patel Nagar, District-Patna. 2 Sri Isha Nand Singh, son of Late Sachchida Nand Singh 3. Ila Nand Singh, son of Late Sachchida Nand Singh 4. Ishwaranand Singh, son of Late Sachchida Nand Singh Nos.2, 3 and 4 are residents of village-Sri Nagar, P.S.-Kritya Nand Nagar, District-Purnea. .... .... Petitioner/s Versus 1. The State Of Bihar, through the Sub Divisional Officer, Sadar, Purnea 2. The Sub Divisional Officer, Sadar, Purnea 3. The Circle Officer, Krityanand Nagar, Purnea 4. The Deputy Collector Land Reforms, Sadar, Purnea 5. Abdul Latif, son of Bani Israil, resident of village-Chandghat, P.S. K. Nagar, District-Purnea. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2863 of 2003 ====================================================== Patna High Court CWJC No.2702 of 2003 (9) dt.03-09-2013 3/5 1. Manorama Devi @ Manormajee, wife of late Sachchida Nand Singh (since dead, her name has been expunged and is substituted by her heirs and legal representatives vide order dated 27.9.2012. Her sons are already on record as petitioner Nos. 2,3 & 4) (A ) Smt. Sarita Jha , daughter of late Sachchida Nand Singh and Late Manorama Devi @ Manormajee, resident of Mohalla + P.S.-Patel Nagar, District-Patna. 2. Sri Isha Nand Singh, son of Late Sachchida Nand Singh 3. Ila Nand Singh, son of Late Sachchida Nand Singh 4. Ishwara Nand Singh, son of Late Sachchida Nand Singh Nos. 2, 3 & 4 are residents of village-Sri Nagar, P.S.-Kritya Nand Nagar, District-Purnea. Versus .... .... Petitioner/s 1. The State Of Bihar, through the Sub Divisional Officer, Sadar, Purnea 2. The Sub Divisional Officer, Sadar, Purnea 3. The Circle Officer, Krityanand Nagar, Purnea 4. Jamaluddin, son of Bani Israil, resident of village-Chandghat, P.S.-K. Nagar, District-Purnea .... .... Respondent/s ====================================================== Appearance : (In CWJC No.2702 of 2003) For the Petitioner/s : Mr. Arun Kumar Ambastha, Advocate For the Respondent Nos. 1 to 4 : Mr. S. K. Saraf, Advocate For the respondent No. 5 : Mr. Raghib Ahsan, Sr. Advocate Mr. Atif Imam, Advocate (In CWJC No.2715 of 2003) For the Petitioner/s : Mr. Arun Kumar Ambastha, Advocate For the Respondent Nos. 1 to 4 : Mr. S. K. Saraf, Advocate For the Respondent No. 5 : Mr. Raghib Ahsan, Sr. Advocate Mr. Atif Imam, Advocate (In CWJC No.2716 of 2003) For the Petitioner/s : Mr. Arun Kumar Ambastha, Advocate For the Respondent Nos. 1 to 4 : Mr. S. K. Saraf, Advocate For the Respondent No. 5 : Mr. Raghib Ahsan, Sr. Advocate Mr. Atif Imam, Advocate (In CWJC No.2738 of 2003) For the Petitioner/s : Mr. Arun Kumar Ambastha, Advocate For the Respondent Nos. 1 to 4 : Mr. S. K. Saraf, Advocate For the Respondent Patna High Court CWJC No.2702 of 2003 (9) dt.03-09-2013 4/5 No. 5 : Mr. Raghib Ahsan, Sr. Advocate Mr. Atif Imam, Advocate (In CWJC No.2863 of 2003) For the Petitioner/s : Mr. Arun Kumar Ambastha, Advocate For the Respondent Nos. 1 to 3 : Mr. S. K. Saraf, Advocate For the Respondent No. 4 : Mr. Raghib Ahsan, Sr. Advocate Mr. Atif Imam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 9 03-09-2013 In this batch of five writ petitions, issues of facts and issues of law involved are common and identical, therefore, with the consent of the parties, all the matters have been heard together
Decision
and are being disposed of by this common order. 2. The petitioners are said to be landholders/raiyats with respect to the lands under dispute. The matters arise out of a proceeding under Section 48D of the Bihar Tenancy Act, 1885 (in short Act). By the impugned appellate order dated 10.10.2002 (Annexure-3 in all the cases) passed separately in Appeal Case No. 8 of 2001-2002, Appeal Case No. 7 of 2001-2002, Revenue Appeal No. 6 of 2001-2002, Rev. Appeal No.5 of 2001-2002 and Appeal Case No. 9 of 2001-2002 by the respondent Sub Divisional Officer, Sadar, Purnia, the original order dated 28.7.2001 (Annexure-2) passed analogously in Case No. 18 of 2000, 19 of 2000, 20 of 2000, 21 of 2000 and 22 of 2000 by the respondent Circle Officer, Kritya Nand Nagar, Purnea, has been set aside and the matter has been remitted back to the respondent Anchal Adhikari, (Circle Officer), K. Nagar (District-Purnea) for deciding the matter afresh in accordance with law. 3. Apparently, all the issues raised herein are required to be decided afresh by the respondent Anchal Adhikari, K. Nagar Patna High Court CWJC No.2702 of 2003 (9) dt.03-09-2013 5/5 (District-Purnea) in all the matters. 4. In view of the order of remand, this Court is not inclined to interfere with the impugned appellate orders. The writ applications are accordingly, dismissed. 5. However, the parties shall be at liberty to raise all the issues which are available to them under the law before the respondent Anchal Adhikari, K. Nagar (District-Purnea). 6. It is expected that in view of the aforesaid order of remand, the respondent Anchal Adhikari, K. Nagar ( District- Purnea) shall decide the matter under Section 48D of the B.T. Act expeditiously strictly in accordance with law after giving opportunity of hearing to all concerned including the petitioners and the private respondents. (Birendra Prasad Verma, J) sudip/-