SUDAMA DUBEY AND ORS. Vs. THE STATE OF BIHAR AND ORS.
LAWS(JHAR)-2012-5-196
HIGH COURT OF JHARKHAND
Decided on May 03,2012

Sudama Dubey And Ors. Appellant
VERSUS
THE STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

P.P. Bhatt, J. - (1.) THE petitioners by way of filing this writ petition under articles 226/227 of the Constitution of India have prayed for quashing/set aside the order dated 3.10.1994 (Annexure -5) passed by the Commissioner, Palamau as well as order dated 11.4.1998 (Annexure -6) passed by the Member Board of Revenue, Bihar Patna. The learned counsel for the petitioners submitted that the orders passed by the Commissioner as well as Member Board of Revenue are not the reasoned orders and both the authorities have not properly considered and appreciated the evidences on record. It is submitted that both authorities have committed error while passing the said orders and that is why, the present writ application is preferred under articles 226/227 of the Constitution of India for quashing/setting aside both the orders.
(2.) AS against that, the learned counsel appearing for the respondents -State by referring the counter affidavit filed by the respondents submitted that both the authorities have not committed any error while recording findings in the order passed in Annexures 5 and 6. It is further submitted that there are concurrent findings of fact and those findings may not be disturbed in a writ jurisdiction under Articles 226/227 of the Constitution of India. It is further submitted that the Commissioner as well as Member Board of Revenue have considered all the relevant aspects of the matter and passed reasoned and detailed orders after careful consideration of the materials on record. Considering the aforesaid rival submissions and on perusal of the orders in question i.e. annexures 5 and 6 it appears that both the authorities have, after careful consideration of the materials on record, passed the reasoned order: On perusal of the order passed by the Member Board of Revenue it appears that Board of Revenue has considered each and every aspect of the matter and thereafter uphold the view taken by the Commissioner, Palamu. The Board of Revenue has also considered the various aspects including the most important issue regarding Title Suit no. 72 of 1987 filed by the present petitioners, wherein they could not establish their right, title and interest over the lands in question. When the competent court having jurisdiction has recorded findings of fact about their right, title and interest over the lands in question; the learned Board of Revenue has rightly reached to ' the conclusion that no interference is called for, as the petitioners have failed to establish their right, title and interest over the lands in question. The arguments advanced by the learned counsel for the petitioners cannot be accepted in view of the above discussion. This Court is of the view that no material irregularity or illegality is found in the impugned orders. As there are concurrent findings of fact recorded by both the authorities, no interference is called for in the impugned order dated 3.10.1994 (Annexure -5) passed by the Commissioner, Palamau as well as order dated 11.4.1998 (Annexure -6) passed by the Member Board of Revenue, Bihar Patna, by this Court while exercising its writ jurisdiction under Articles 226/227 of the Constitution of India. Hence this writ petition is devoid of merit and is ordered to be dismissed.;


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