LAWS(PAT)-2021-12-68

PUSHSPA RAI Vs. STATE OF BIHAR

Decided On December 09, 2021
Pushspa Rai Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners Sri Jitendra Kishore Verma and learned counsel for the respondents Sri Mukund Mohan Jha, learned AC to GP 27 and Sri Ramakant Sharma, learned senior counsel for the Intervenors.

(2.) The present writ application has been filed seeking quashing of Resolution dtd. 31/5/1996 (Annexure 5) passed by Sri M. Kumar, IAS, Addl. Member, Board of Revenue, Bihar, Patna in Revision Case no. 17/1994 whereby Addl. Member Board of Revenue remanded the Ceiling Case no. 102/1965 to the trial court for passing a fresh order after determining age of the petitioners, further for quashing the District Gazette Notification no. 95 dtd. 23/6/1993 published by the Collector, Rohtas by which land of the petitioners has been included in the land of the land holders.

(3.) Learned counsel for the petitioners submits that issue which arises for consideration in the present case is whether the Addl. Member Board of Revenue while passing the order dtd. 31/5/1996 exceeded his jurisdiction, when issue had already attained finality in view of order dtd. 30/4/1989, passed by Addl. Member Board of Revenue in Revision Case no. 109/1988.