Patna High Court - Orders
Bameshwar Singh vs The State Of Bihar & Ors on 26 August, 2013
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4785 of 2008
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Bameshwar Singh, son of late Ram Kisun Singh, resident of village-
Mohammadpur Tole- Hichhan Bigha P.S. Daud Nagar, District-
Aurangabad.
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Divisional Commissioner, Patna.
3. The Collector, Aurangabad.
4. The Subdivisional Officer, Aurangabad.
5. The Circle Officer, Daud Nagar, District- Aurangabad.
6. Jugal Sao
7. Moti Sao, both sons of late Mishri Sao, both resident of village-
Mohammadpur Tole- Hichhan Bigha P.S. Daud Nagar, District-
Aurangabad.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jagannath Singh, with
Mr. Pramod Kumar Singh
For the Respondent No. 1 to 5: Mr. Niraj Kumar, AC to GP-20.
For the Respondent No.6 & 7: Mr. Bhanu Pratap Singh
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
5 26-08-2013Heard the parties.
The orders dated 11.08.2001, 02.12.2005 as also 04.01.2007 (Annexure- 4, 5 & 6) passed by the Circle Officer, Daud Nagar in Basgit Parcha Case No. 12 of 2000-01 in favour of the respondent no. 6 and 7 are under challenge.
Admittedly, against the orders passed by the respondent Circle Officer, Daud Nagar, the petitioner has moved before the respondent District Collector, in terms of Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short "the Act").
Learned counsel appearing on behalf of the respondents also submits that the petition filed on behalf of the petitioner under Section 21 of the Act is still pending.
Patna High Court CWJC No.4785 of 2008 (5) dt.26-08-2013 2/2In that view of the matter, the present writ petition is dismissed at this stage with a liberty to the petitioner to pursue his remedy before the respondent District Collector, Aurangabad. If the matter is finally disposed of by the learned District Collector, Aurangabad and the petitioner feels still aggrieved, then he shall be at liberty to challenge the said order before the appropriate forum/ court in accordance with law.
(Birendra Prasad Verma, J) BTiwary/-