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Bishwanath Singh vs The State of Bihar and Others

Patna High Court · Decided on 18 January 1999 · Citation: (1999) 2 PLJR 130

HON’BLE JUDGES
B.M. Lal, C.J · Shiva Kirti Singh, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 404 of 1998
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Judgment

2 paragraphs · 162 words
1.

This L.P.A. is directed against an order dated 20.8.1997 whereby the learned writ court repelling the submission of the writ-Petitioner directed that if the name is deleted from the revenue record (Jamabandi) it is for the Petitioner to establish his title and the same cannot be established in writ jurisdiction. Thus, the Petitioner was directed to file a suit and establish his right.

2.

Having heard the learned Counsel we are of the opinion that rightly the writ court has directed the Appellant-Petitioner to file a suit. The matter in issue is also covered by numerous decisions of the Supreme Court JT 1996 (9) 208 State of Himachal Pradesh v. Sh. Keshav Ram and Ors. Ram Niwas Todi and Another Vs. Bibi Jabrunnissa and Others, and AIR 1926 PC 100 Thakur Nirman Singh and Ors. v. Thakur Lal Rudra Pratap Narain Singh and Ors. Thus, the order impugned does not suffer from any infirmity warranting interference. The L.P.A. is, accordingly, dismissed.