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Article 226 in The Constitution Of India 1949

Patna High Court
Md.Siddique vs The State Of Bihar &Amp; Ors on 4 May, 2010
Author: V.N. Sinha

CIVIL WRIT JURISDICTION CASE No.11597 OF 1999

(In the matter of an application under Article 226 of the Constitution of India).

MD.SIDDIQUE, SON OF LATE HAJI ALIJAN, RESIDENT OF VILLAGE- TEHAI, POLICE STATION- PASRAHA, DISTRICT- KHAGARIA AND AT PRESENT AT VILLAGE- PAWAI, POLICE STATION- KORHA, DISTRICT- KATIHAR :---- PETITIONER. Versus

1. THE STATE OF BIHAR

2. THE JOINT SECRETARY, DEPARTMENT OF REVENU AND LAND REFORMS, GOVERNMENT OF BIHAR, MAIN SECRETARIAT BUILDING AT PATNA.

3. THE COLLECTOR, KATIHAR.

4. THE SUB-DIVISIONAL OFFICER AT KATIHAR.

5. THE DEPUTY COLLECTOR, LAND REFORMS AT KATIHAR.

6. THE ANCHAL ADHIKARI AT KORHA WITHIN THE DISTRIST OF KATIHAR.

7. SHRI KAPILESHWAR DAS,

8. SHRI PARMANAND DAS.

9. SHRI RAMANAND DAS.

10. SHRI UMANAND DAS

11 (a) KRITYA NAND DAS

(b) NITIYA NAND DAS

(C). SANTOSH KUMAR.

(d). BABLEE, ALL SON OF DECEASED RESPONDENT NO. 11 TEJ NARAYAN DAS OF VILLAGE- DIWAUDIH, P.S. KORHA, DISTRICT- KATIHAR.

12. SHRI PANCHANAN DAS

7 TO 10 ALL SONS OF LATE RAGHUBAR NARAIN DAS. NOS. 7 TO 12 RESIDENTS OF VILLAGE- DIWANDIH, POLICE STATION- KORHA, DISTRICT- KATIHAR.

13. SHRI TURAI MURIARI, SON OF PUNAI MURIARI.

14. SHRI GANESHI MALLIK, SON OF FARDAR MALLIK, NOS. 13 AND 14 RESIDENTS OF VILLAGE- DIWANDIH NAYA TOLA, POLICE STATION- KORHA, DISTRICT- KATIHAR.

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For The Petitioner :Mr. Yogendra Mishra, Senior Advocate. For The State : Mr. Ram Chandra Thakur, S.C.-12(C) For Respondent No. 14 :- M/S Abdul Mannan Khan & Md. Najmul Hoda, Advocates.

PRESENT

THE HON'BLE MR. JUSTICE V.N. SINHA

V.N.Sinha,J. Counsel for Private Respondent No. 14 has filed counter

affidavit, which is taken on record.

2. Heard learned counsel for the petitioner, State and

Respondent No. 14.

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3. In the light of the statement made before this Court on

27.4.2010 counsel for the petitioner has placed on record the order of

the Additional Collector dated 30.12.2009 passed in Ceiling Appeal

No. 563/1996-97, whereunder the lands in-question have been

excluded from the surplus land of the landholder Sachchidanand Das.

The order is contained in Annexure-6 to the supplementary affidavit

filed today.

4. In the light of the order dated 30.12.2009, Annexure-6

the prayer made in this application has become infructuous and the

Collector under the Act is directed to issue corrigendum in the light of

the order dated 30.12.2009 to the Gazette notification dated 7.6.1976

and to cancel the purcha issued in favour of private respondents, of

course, after hearing them. Compliance of the orders of the Additional

Collector be made within a reasonable time, in any case within a

period of three months from the date of receipt/production of a copy of

this order before the Collector under the Act.

5. The writ application is, accordingly, disposed of.

(V.N.Sinha,J.)

The Patna High Court

The 4th day of May, 2010.

P.K.P./N.A.F.R.