Patna High Court
The State Of Bihar vs Ram Deo Singh on 22 October, 2021
Bench: Chief Justice, Rajan Gupta
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.428 of 2021
In
Civil Writ Jurisdiction Case No.12344 of 2019
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1. The State of Bihar through the Collector, Patna.
2. The Additional Collector, Sadar, Patna.
3. The Deputy Director, Land Reforms, Patna Sadar, Patna.
4. The Circle Office, Patna Sadar, Patna.
... ... Appellant/s
Versus
1. Ram Deo Singh Son of Jamuna Singh Resident of Tola Pathak Ghat,
Mokamah, P.O. and P.S.- Mokamah, Town and District- Patna.
2. Sri Upendra Kumar Son of Late Jagdish Kumar Resident of Opposite A.N.
College, Boring Road, P.S. Sri Krishna Puri, District Patna at present
residing at 15, Park Street, New Delhi. 110001.
3. M/s Sunder Nagar Grih Nirman Swablambi Sahkari Samiti Ltd. through its
Chief Executive Sri Manoj Kumar Sharma, Son of Late Sri Naresh Chandra
Azad, Resident of Azad Bhawan, Sheo Puri, P.S.- Shastri Nagar, in the Town
and District of Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Md. Khurshid Alam, A.A.G. 12
Mr. Majid Mahboob Khan, AC to AAG 12
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJAN GUPTA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 22-10-2021
Patna High Court L.P.A No.428 of 2021 dt.22-10-2021
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This appeal is directed against the order dated
26.06.2019passed in C.W.J.C. No. 12344 of 2019, titled as The State of Bihar & Ors. Vs. Ramdeo Singh & Ors., by a learned Single Bench of this Court.
We do not find any infirmity/illegality in the impugned order which is reproduced hereunder in toto:
"There are four writ applications filed against common judgment and order of the Bihar Land Tribunal, Patna dated 19.01.2015, which are as under:-
1. CWJC No. 12344 of 2019 (State Vs. Ramdeo Singh).
2. CWJC No. 12702 of 2019 (State Vs. Tribhuvan Developments and Construction Pvt. Ltd.)
3. CWJC No. 12708 of 2019 (State Vs. Tribhuwan Developments and construction Pvt. Ltd.) Let all the matters be listed under the same heading on 17.07.2019.
In the meanwhile, learned counsel for the State of Bihar/petitioner shall remove the defects pointed out by the Stamp Reporter.
There is delay of more than four years in filing these writ applications to assail the order of the Tribunal passed in the year 2015. This Court will consider hearing the cases on merits subject to payment of composite cost of Rs. Patna High Court L.P.A No.428 of 2021 dt.22-10-2021 3/4 5,00,000/- (five lacs) to be deposited in the account of Bihar State Legal Services Authority, which amount shall be utilized for generating awareness among the residents of Muzaffarpur District to tackle and fight Acute Encephalitis Syndrome (AES), which is a recurrent phenomenon in the area."
The delay in filing the writ petition is of more than four years. Learned Single Judge has imposed a cost of Rs. 5,00,000/- (five lacs) on the State for not removing the defects pointed out by the stamp reporter. This callous attitude on behalf of the State has caused immense loss to the public interest. Public property has been allowed to be utilized, perhaps, with the collusion of the officers concerned.
Be that as it may, we are not inclined to interfere with the impugned order. In fact, we further direct that the cost of Rs. 5,00,000/- (five lacs) shall be recovered from the personal salary of the officer/s responsible for not taking action.
The Collector, Patna, shall institute an enquiry and fix responsibility in that regard.
Needful be positively done within a period of four months.
The appeal is disposed of, but however, affidavit Patna High Court L.P.A No.428 of 2021 dt.22-10-2021 4/4 of compliance shall be filed by the Collector stating compliance of the order.
For such purpose, matter be listed on 23.03.2022.
(Sanjay Karol, CJ) ( Rajan Gupta, J) K.C.Jha/DKS/-
AFR/NAFR CAV DATE Uploading Date 26.10.2021 Transmission Date