High CourtsDivision Bench(2022) 07 PAT CK 0067

Ahmad Hussain vs State Of Bihar

Patna High Court · Decided on 18 July 2022

HON’BLE JUDGES
Ashutosh Kumar, J · Jitendra Kumar, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal No. 872 Of 2019 In Civil Writ Jurisdiction Case No. 14040 Of 2018

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Judgment

12 paragraphs · 220 words

The defect pointed out by the Stamp Reporter is ignored.

Re. I.A. No. 01 of 2019

For the reasons stated in the Interlocutory Application, the delay in preferring this appeal is condoned.

The application stands allowed.

Re. L.P.A. No. 872 of 2019

Heard Mr. Hemandra Prasad Singh, learned Advocate for the appellants and Mr. Shailendra Kumar Diwedi for the State.

The learned Single Judge, while disposing of the writ petition of the appellants, has observed that the Collector would be at liberty to invoke his jurisdiction under the newly added Sub-clause (4) of Section 30 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.

This completely redresses the grievance of the appellants/writ petitioners.

However Mr. Singh, learned Senior Advocate appearing for the appellants submits that a direction be issued to the concerned Respondent/Collector that the observation be treated as a mandamus.

The assumption of the appellants that such jurisdiction by the Collector shall not be invoked is based on unfounded presumptions only.

Should the appellants bring to the notice of the concerned Collector, a copy of the order passed by the learned Single Judge and this order, we have no manner of doubt that necessary sequel action shall be taken by the concerned respondent.

With the aforesaid observation the appeal stands disposed of.