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B.C.C.L. Vs. State of Bihar and ors

B.C.C.L. vs State of Bihar and ors

Type Court Judgment Court Jharkhand Decided Aug 23, 2013
~1 min read
https://sooperkanoon.com/case/1024914

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Citation
Court
Jharkhand High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

B.C.C.L.

Respondent

State of Bihar and ors

Excerpt

in the matter of an application under article 226 of the constitution of india c.w.j.c. no. 95 of 1998 (r) ms. bharat coking coal limited through its chief general manager, kustore area, dhanbad .........petitioner vs. the state of bihar ( now jharkhand) and others.......respondents for the petitioners: mr. a.k. mehta for the respondents: mr. srijit choudhary,g.a. present hon'ble mr. justice prashant kumar prashant kumar,j:- this writ application has been filed for quashing the order dated 08.09.1997 passed by collector, dhanbad in miscellaneous appeal no. 2 of 1995 whereby and whereunder, he disposed of the appeal filed by respondent no. 4 and observed that both the parties should get their title declared through a competent civil court. from perusal of impugned order, it appears that a title suit bearing title suit no. 56 of 1990 is pending before a competent civil court with regard to the same land and between the same parties. under the said circumstance, i find no illegality in the impugned order. thus, petitioners as well as respondents are directed to pursue civil suit pending before the competent civil court. with the aforesaid observations, this writ application is disposed of. ( prashant kumar,j.) jharkhand high court dated 23.08.2013 sharda/nafr/-

Full Judgment

In the matter of an application under Article 226 of the Constitution of India C.W.J.C. No. 95 of 1998 (R) Ms. Bharat Coking Coal Limited through its Chief General Manager, Kustore Area, Dhanbad .........Petitioner Vs. The State of Bihar ( now Jharkhand) and others.......Respondents For the Petitioners: Mr. A.K. Mehta For the Respondents: Mr. Srijit Choudhary,G.A. PRESENT HON'BLE MR. JUSTICE PRASHANT KUMAR Prashant Kumar,J:- This writ application has been filed for quashing the order dated 08.09.1997 passed by Collector, Dhanbad in Miscellaneous Appeal No. 2 of 1995 whereby and whereunder, he disposed of the appeal filed by respondent no. 4 and observed that both the parties should get their title declared through a competent civil court. From perusal of impugned order, it appears that a Title Suit bearing Title Suit No. 56 of 1990 is pending before a competent civil court with regard to the same land and between the same parties. Under the said circumstance, I find no illegality in the impugned order. Thus, petitioners as well as respondents are directed to pursue civil suit pending before the competent civil court. With the aforesaid observations, this writ application is disposed of. ( Prashant Kumar,J.) Jharkhand High Court Dated 23.08.2013 Sharda/NAFR/-

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