PRADEEP KUMAR TIWARI, SON OF LATE BISHWANATH TIWARI, RESIDENT OF POST OFFICE AND VILLAGE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Sr. counsel for the petitioner and the counsel for the private-respondent as well as the State.

(2.) A new case cannot be permitted or allowed to be made out at the level of the writ court by the petitioner or the private-respondent no. 5, who happens to be his own brother. Obviously, a new story has been introduced to get over the rigors of the decision rendered by the Collector and held in favour of the private-respondent no. 6 to be a Bataidar over the land in question.

(3.) There is adequate finding that private-respondent no. 5 had participated in the proceedings including the nomination of a Panch and after the order had gone against his interest, they had filed the writ application trying to take a plea that there was partition between the family and the land belonging to the present petitioner and the private-respondent no. 5 had no right to play. In support thereof only an affidavit has been filed on behalf of private-respondent no. 5 with absolutely no evidence thereof.