Patna High Court
Ram Janam Choudhary vs The State Of Bihar on 11 September, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2406 of 2023
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1. Ram Janam Choudhary S/o Late Amrit Choudhary R/o Village- Dharhara,
P.S.- Mairwa, P.O.- English, District- Siwan.
2. Rajendra Choudhary, S/o Late Vishwanath Choudhary R/o Village-
Dharhara, P.S.- Mairwa, P.O.- English, District- Siwan.
3. Rudal Choudhary, S/o Late Vishwanath Choudhary R/o Village- Dharhara,
P.S.- Mairwa, P.O.- English, District- Siwan.
4. Hareram Yadav, S/o Late Vishwanath Choudhary R/o Village- Dharhara,
P.S.- Mairwa, P.O.- English, District- Siwan.
5. Hari Yadav, S/o Late Jagarnath Choudhary R/o Village- Dharhara, P.S.-
Mairwa, P.O.- English, District- Siwan.
6. Manager Choudhary, S/o Late Jagarnath Choudhary R/o Village- Dharhara,
P.S.- Mairwa, P.O.- English, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The Commissioner, Saran at Chapra.
4. The Sub Divisional Officer, Siwan Sadar, Siwan.
5. The Circle Officer, Mairwa, Siwan.
6. The SHO, Mairwa, Siwan.
7. Chandrabali Ram, S/o Late Biran Ram R/o Village- Dharhara, P.S.- Mairwa,
District- Siwan.
8. Suryabali Ram, S/o Late Biran Ram R/o Village- Dharhara, P.S.- Mairwa,
District- Siwan.
9. Rambali Ram, S/o Late Biran Ram R/o Village- Dharhara, P.S.- Mairwa,
District- Siwan.
10. Sharma Ram, S/o Late Biran Ram R/o Village- Dharhara, P.S.- Mairwa,
District- Siwan.
... ... Respondent/s
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Appearance :
Patna High Court CWJC No.2406 of 2023 dt.11-09-2023
2/5
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the State : Mr. Md. Khurshid Alam, AAG-12
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 11-09-2023 Heard learned counsel for the petitioners and learned counsel for the State.
2. The present writ petition has been filed for restraining the State respondent as well as respondent Nos. 7 to 10 from forceful and unlawful dispossession of the petitioners from their purchased land comprised in Khata No. 44, Plot No. 700, 701, 702 area 3 katha, Mauza-Dharhra, P.S.-Mairwa, Revenue P.S.-125, Tauzi No. 1894, District- Siwan.
3. Learned counsel for the petitioners submits that the said land is the purchase land of the petitioners since 1983 vide registered sale deed dated 29.01.1983. Counsel further submits that since the date of purchase of the land petitioners are continuously in possession of the land. Counsel further submits that in the year 2022 respondent nos. 5,6 and Circle Officer as well as S.H.O., Mairwa visited to petitioners' land and informed that there is an order dated 04.12.2018 passed in CWJC No. 19236 of 2017, which has been passed without issuance of notice to the petitioners in which direction was given to the Circle Officer to dispose of the representation of the Patna High Court CWJC No.2406 of 2023 dt.11-09-2023 3/5 respondent no.7. Counsel for the petitioners further submits that petitioners are completely unaware about any representation filed by the respondent no.7 before Circle Officer or not. But counsel submits that during this period, it has been came to the knowledge of petitioners that parcha has been granted in favour of respondent nos.7 to 9 in respect of the land of the petitioners without any knowledge to them under the Bihar Privileged Persons Homestead Tenancy Act, 1947. Counsel further submits that private respondents are neither privilege persons under Section 2(i) of the Bihar Privileged Persons Homestead Tenancy Act nor privilege tenant as defined under Section 2(j) of the said Act.
4. Counsel for the private respondents on the other hand submits that they are the parcha holder from the competent officer and upon not providing the possession of the said land, private respondents have moved before this Hon'ble Court in CWJC No.19236 of 2017 in which vide order dated 04.12.2018 the private respondents came in possession of the said land.
5. Learned counsel for the State submits that the petitioners have not opted to challenge the alleged ex-parte order passed by this Hon'ble Court instead thereof they have filed the fresh writ petition before this Court claiming that they Patna High Court CWJC No.2406 of 2023 dt.11-09-2023 4/5 may not be dispossessed. Counsel for the State further submits that it is strongly in dispute between the parties that who is in the possession of the land because petitioners are directly claiming that they are in possession of the land whereas private respondents are telling that they are in the possession of the land.
6. In view of the Court, the question of disputes can only be decided by a competent Civil Court, it is the admitted possession of law but so far as the hurdle for the present petitioners are concerned it is basgit parcha, which is the hurdle for the petitioners under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947. It is the power of Collector of the district to call for and examined the records that whether the said parcha has validly been given in favour of the private respondents or not. The said remedy they have never avail at any occasion. In this view of the matter, liberty is granted to the petitioners that if they want to challenge the validity of the parcha then they have remedy to challenge it before the Collector under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 but they want to challenge the possession, they have liberty to move before the competent Civil Court.
Patna High Court CWJC No.2406 of 2023 dt.11-09-2023 5/5
7. With the aforesaid observation and direction, the present writ petition is disposed off.
(Dr. Anshuman, J.) ravishankar/-
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