Patna High Court - Orders
Ratan Prakash Singh vs The State Of Bihar & Ors on 29 March, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2831 of 2017
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1. Ratan Prakash Singh, Son of Late Shivdhar Prasad Singh, Resident of
Village- Ghoswari, P.S.- Bakhtiyarpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The District Magistrate, Patna.
4. The Additional Collector, Patna.
5. The Sub-Divisional Magistrate, Barh, Patna.
6. The Deputy Collector Land Reforms, Barh, Patna.
7. The Circle Officer, Bakhtiyarpur, Patna.
8. Shri Chandeshwar Kumar Singh, Son of Late Nandu Prasad Singh,
Resident of Village- Sritala, P.S.- Nawada Ara, District- Bhojpur (the then
Circle Officer, Bakhtiyarpur, Patna).
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Sr. Adv.
Mr. Vipin Kumar, Adv.
For the Respondent/s : AC to Sc25
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
2 29-03-2017Heard.
It is submitted on behalf of the petitioner that Khata no. 434, corresponding to Khesra No. 1490 of Mauza Champapur situated at Bakhtiyarpur, District-Patna recorded in the name of ancestors of the petitioner, but respondent no. 8 treating the petitioner as encroacher initiated a proceeding of ejectment of the petitioner from the aforesaid land. Thereafter, the petitioner came to this Court by filing C.W.J.C. No. 6374 of 2016, which was disposed of by a co-ordinate Bench of this Court and this Court Patna High Court CWJC No.2831 of 2017 (2) dt.29-03-2017 2/3 vide order dated 25.05.2016 given direction to respondent no. 8 to examine the plea raised by the petitioner in the aforesaid writ petition and pass a fresh order in accordance with law, but respondent no. 8 did not pay any heed to the order of this Court and got dispossessed the petitioner from the lands in question. Thereafter, the petitioner filed contempt petition before this Court, in which a direction was given to the District Magistrate, Patna to enquire into the matter. The District Magistrate, Patna enquired the matter and came to the conclusion that the petitioner was illegally dispossessed from the lands, in question, and found respondent no. 8 guilty. Thereafter, this Court directed the Principal Secretary, Department of Revenue and Land Reforms to initiate a departmental proceeding against respondent no. 8 and place him under suspension. Panchayati Raj initiated a departmental proceeding against respondent no. 8 which is still pending.
It is further submitted that being annoyed by the above stated developments, respondent no. 8 sent a notice for cancellation of Jamabandi of the petitioner and thereafter the petitioner has filed this writ petition. It is submitted that sending notice for cancellation of Jamabandi by respondent no. 8 is a malicious act of respondent no. 8.
Patna High Court CWJC No.2831 of 2017 (2) dt.29-03-20173/3
Learned counsel AC to SC-25 seeks four weeks' time to file counter affidavit.
Let this matter be listed after four weeks under the heading "For Admission". Further, in the meantime, the operation of notice sent by respondent no. 4 for cancellation of Jamabandi of the petitioner in Cancellation Case No. 61 of 2016-2017 shall remain stayed till further order of this Court.
(Hemant Kumar Srivastava, J.) Rakhi U