BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(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 files a suit. The matter in issue is also covered by numerous decisions of the Supreme Court ; JT 1996 (9) 208 State of Himachal Pradesh vs. Sh. Keshav Ram & Ora), JT 1996(7) SC 264 (Sri Niwas Todl & Another vs. Bibi Jabrunnissa and others); and A.I.R.1926 Privy Council 100 (Thakur Nirman Singh and Others vs. Thakur Lal Rudra Pratap Narain Singh and others). Thus, the order impugned does not suffer from any infirmity warranting interference. The L.P.A. is, accordingly, dismissed.