Patna High Court
Lakhan Hansda & Ors vs The State Of Bihar & Ors on 5 February, 2018
Equivalent citations: AIRONLINE 2018 PAT 9
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi, Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.102 of 2016
In
Civil Writ Jurisdiction Case No.1094 of 1995
======================================================
1. Lakhan Hansda Son of Jhena Hansda
2. Jetha Kisku Son of Sri Jesaya Kisku
3. Phul Devi W/o Patwari Murmu
4. Sheetal Hansda son of Sri Gajan Hansda
5. Bhagwan Kisku son of Sri Shivlal Kisku
6. Surya Tudu @ Suryanand Tudu son of Sri Lopo Tudu
7. Tala Hembram son of Sri Mangal Hembram
8. Ram Hembram son of Sri Jeta Hembram
9. Sonelal Murmu son of Sri Tala Murmu
10. Chhotelal Murmu son of Sri Ramji Murmu
11. Munshi Kisku son of Sri Jasap Kisku
12. Hunulala Hansda @ Nunulal Hansda son of Sri Ishanu Hansda
13. Sonelal Hembram @ Somay Hembram son of Sri Budhu
Hembram
14. Manju Besra son of Sri Barka Basera
15. Jaggu Hembram son of Sri Budhu Hembram
16. Barka Soren son of Sri Chunnu Soren
17. Mangal Soren son of Sri Chunnu Soren
18. Kadam Soren son of Sri Babulal Hembram @ Chunnu Soren
19. Babulal Hembram son of Sri Supal Hembram
20. Srilal Murmu son of Sri Sukhu Murmu
21. Sonelal Hembram son of Sri Chuna Hembram @ Dhuma
22. Sanjay Soren son of Sri Tala Soren
23. Anuplal Soren son of Sri Lakhan Soren
24. Vijendra Murmu son of Sri Ramu Murmu
25. Champa Tudu son of Sri Sukha Tudu
26. Asha Hansda son of Sri Chotaku Hansda All residents of Village
- Koskapur, P.S. Raniganj, District - Araria.
... ... Appellant/s
Versus
1. The State of Bihar.
2. The Collector, Araria.
3. The D.C.L.R., Araria.
4. Anchal Adhikari, Raniganj.
5. Sushil Kumar Bhagat S/o Late Ramchandra Bhagat
6. Deo Kumari Devi wife of Late Ramchandra Bhagat
7. Krishna Devi D/o Late Ramchandra Bhagat
8. Kanchan Devi D/o Late Ramchandra Bhagat
9. Vandana Devi D/o Late Ramchandra Bhagat
10. Anil Kumar Bhagat S/o Late Ramchandra Bhagat All r/o village - Dumaria,
P.S. Mirganj, Distt. Purnea.
11. Ratan Kumar Bhagat S/o Late Ramchandra Bhagat
12. Yogendra Prasad Bhagat son of Sri Janaklal Bhagat Resident of Village -
Kalabalua, P.S. Raniganj, District - Araria.
13. Rajendra Prasad Bhagat son of Sri Janaklal Bhagat
14. Birendra Kumar Bhagat S/o Late Janak Lal Bhagat
Patna High Court LPA No.102 of 2016 dt.05-02-2018
2/4
15. Gauri Kumari D/o Late Janak Lal Bhagat
16. Prema Devi D/o Late Janak Lal Bhagat
17. Girja Devi wife of Late Janak Lal Bhagat
18. Punam Kumari D/o Late Janak Lal Bhagat All residents of vill - Kalabalua,
P.S. Raniganj, District - Araria.
19. Pramod Kumar Bhagat S/o Late Janak Lal Bhagat
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr Siya Ram Shahi
Mrs. Shally Kumari
For the State : Mr. Prabhakar Jha, GP 27
For the Pvt. Respondents: Mr Jagadish Pd. Bhagar
Mr Bijendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 05-02-2018 Heard counsel for the appellants and the counsel for the private respondents as well as the State.
Since the learned Single Judge allowed the writ application vide order dated 30.04.2015, and cancelled and set aside the basgit parchas, which had been issued in favour of the appellants, the present appeal has been preferred.
Submission of the counsel for the appellants is that the basgit parchas is issued under a complete code, which is a law by itself and any cancellation of the basgit parchas would be required to be done within the Act i.e. Bihar Privileged Persons Homestead Tenancy Act, 1947. This Court after having gone through the Patna High Court LPA No.102 of 2016 dt.05-02-2018 3/4 order of the learned Single Judge coupled with the factual position having taken note of, is not willing to fall for the attractive argument, which has been made on behalf of the appellants. The reason is not far to find.
The learned Single Judge has taken note of the factual position that a Section 145 proceeding under the CrPC in relation to the lands in question was initiated in the year 1985. Battle was fought before the Sub divisional Magistrate, who held in favour of the landlord and found that the appellants were rank outsiders and encroachers. A revision was preferred and even the matter travelled to the Hon'ble High Court. The High Court upheld the order of the Sub Divisional Magistrate. While the matter was still under consideration of the High Court, it seems only to preempt the outcome of the adjudication, manipulation seems to have been done and basgit parchas was obtained or issued. Obviously, even the district authorities must have been under some kind of pressure or they were hell bent upon creating mischief.
Since the finding about the appellants being encroachers was established even upto the Hon'ble High Court and the basgit parchas having been issued during the period the matter was under
consideration of the High Court, any indulgence shown to the appellants by not interfering with the issuance of the basgit Patna High Court LPA No.102 of 2016 dt.05-02-2018 4/4 parchas would amount to frustrating the order of the High Court, which no court can allow.
In the above facts and circumstances, we are not inclined to interfere with the order of the learned Single Judge, which has been done to uphold the law and restore the rule of law, which is the primary duty of a court of law. The appeal is dismissed.
The district administration will make sure that the land in question now is freed of all encroachments within a period of eight weeks from the date of production of a copy of this order. The District Magistrate, Araria is directed to implement the order now.
(Ajay Kumar Tripathi, J)
( Nilu Agrawal, J)
sk
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.02.2018
Transmission Date NA