PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

Heard Learned Counsel for the petitioners Learned Counsel for the State and Learned Counsel for the private respondents.

2. Learned Counsel for the petitioners submits that the present writ petition has been filed with the following reliefs:-

(i)For issuance of writ in the nature of certiorari for quashing the order dated 27.06.2018 passed by the Chairman, Bihar Land Tribunal, Patna in B.L.T. Case No. 1268 of 2015 whereby B.L.T. Case filed by the Respondent No. 5 and 6 was allowed and impugned order passed by the Deputy Collector, Land Reforms, Dhamdaha, Purnea dated 11.4.2015 in Case No. 28 of 2013-14 has been set aside and the matter has been remitted back to the Deputy Collector Land Reforms for proceeding afresh in accordance with law

(ii)For issuance of writ in the nature of Mandamus direction to Respondents to restore the order dated 11.4.2015 passed by Deputy Collector, Land Reforms, Dhamdaha, Purnea in Case No. 28 of 2013-14 whereby he has dismissed the case filed by the Respondent No. 5 and 6 under Section 48 (E) of B.T. Act.

3. Counsel for the petitioners further submits that the order passed by the Bihar Land Tribunal, Patna is absolutely illegal and without any basis. He further submits that the order passed by the D.C.L.R. is completely in accordance with law and need no inteference.

4. Counsel for the State on the other hand submits that the said writ petition is not maintainable and the reason has already been mentioned in paragraph 5 of the B.L.T. order. He further submits that B.L.T. has only remanded back the matter to decide the same by the D.C.L.R. afresh in the light of Full Bench of this Court in case of Dhanji Singh Vs. State of Bihar & Ors. reported in 1979 P.L.J.R. 711. Therefore, he submits that the order passed by the B.L.T. is a reasoned and speaking order as well as in accordance with law and need no interference.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTg0OSMyMDE5IzEjTg==-M2X8ME4jBJE=

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