Patna High Court - Orders
Dharamdev Singh (Deleted Vide Order ... vs The State Of Bihar on 13 March, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.452 of 2020
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Dharamdev Singh (deleted vide order dated 17.02.2023)
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shrinandan Pd Singh, Sr. Advocate
Mr. Kumar Shameer, Advocate
For the Respondent/s : Mr. Mukul Basad, AC to GP 18
For the Private Resp. : Mr. V.R.P Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
12 13-03-2023Learned senior counsel for the petitioner, learned counsel for the State and Mr. V.R.P Singh learned counsel for one of the parcha holders are present.
Learned senior counsel appearing for the petitioner referring to proviso to section 15(1) of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 ('the Act' in short) submits that the respondent State could not have proceeded to distribute the land of the petitioner till the same was under challenge in any of the proceedings.
Learned senior counsel for the petitioner, in support of his contention relies on the judgment in the case of Tulshi Manjhi & Ors v. The State of Bihar & Ors [(2009) 1 PLJR 1] and more particularly paragraph nos. 9 and 10 thereof. He submits that any distribution or issuance of parcha during Patna High Court CWJC No.452 of 2020(12) dt.13-03-2023 2/3 pendency of the proceedings arising out of the Act is in teeth of the said judgment and thus, illegal. He thus submits that although by order dated 19.1.2023, the petitioner was permitted to add the other parcha holders as parties in the writ application, however, inspite of all efforts the details of parcha holders could not be ascertained and in view of the above settled position in law, the case may be heard as the distribution of land to the parcha holders by the respondent State is clearly in teeth of the above judgment.
Mr. V.R.P Singh, learned counsel submits that although by order dated 17.2.2023 time was granted for filing an application by another parcha holder for being added as a party, however, he is still to receive instructions.
At this stage, learned counsel for the State submits that he may be granted time for filing further counter affidavit in the case.
Let the respondent State file counter affidavit bringing on record the date of issuance of parchas with respect to the land in question which was the subject matter of Land Ceiling Case no. 1 of 1980-81/4 of 1975-76 as also the details of the parcha holders who were issued parcha pursuant to the said case with respect to the land, subject matter of that case. Patna High Court CWJC No.452 of 2020(12) dt.13-03-2023 3/3 Put up this case after four weeks.
(Partha Sarthy, J) Prakash/-
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