LAWS(PAT)-2011-2-29

ZEYAUDDIN Vs. STATE OF BIHAR

Decided On February 11, 2011
Zeyauddin Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) In both the writ petitions issues involved are similar and identical and parties are also common, therefore, with the consent of parties both matters are taken up together for its disposal.

(2.) In C.W.J.C. No. 492 of 2004 the Petitioner has prayed for setting aside the order dated 15.10.2001 (Annexure-2) passed in Reference Case No. 5 of 1998(S) by Respondent-District Magistrate-cum-District Registrar, Gaya as also for setting aside the appellate order dated 28.8.2003 (Annexure-1) passed by Respondent-Com-missioner, Magadh Division, Gaya in Appeal Case No. 66 of 2001, whereby the appeal preferred by the Petitioner against the original order dated 15.10.2001 (Annexure-2) has been dismissed and the original order has been affirmed.

(3.) In C.W.J.C. No. 101 of 2004 the Petitioner, who is common in both the cases, has prayed for setting aside the order dated 15.10.2001 passed in Reference Case No. 6 of 1998(S) (Annexure-2) by District Magistrate-cum-District Registrar, Gaya as also the appellate order dated 28.8.2003 (Annexure-1) passed by Respondent- Commissioner, Magadh Division, Gaya in Appeal Case No. 67 of 2001. However, it is relevant to mention here that both the Reference Case No. 5 of 1998(S) and 6 of 1998(S) have been disposed of by one common order dated 15.10.2001 (Annexure-2 of C.W.J.C. No. 492 of 2004). Similarly Appeal Case No. 66 of 2001 and 67 of 2001 have been disposed of by a common order dated 28.8.2003 (Annexure-1 of C.W.J.C. No. 492 of 2004).