Patna High Court
Badaru Nisha @ Badarun Nisha vs The State Of Bihar & Ors on 25 October, 2018
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18233 of 2017
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Badaru Nisha @ Badarun Nisha, wife of Late Md. Kasim, resident of Village
and P.O. Siura, P.S. Patori, District Samastipur.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Bihar, Patna.
2. The Members Administrative, Bihar Land Tribunal, Patna.
3. The Collector, Samastipur.
4. The Anchal Adhikari, Patori Anchal, P.O and P.S. Patori, District Samastipur.
5. Md. Sahabuddin son of Abdul Zabbar, resident of Village- Hazrat Siura, P.S.
Patori, District Samastipur.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Choudhary
For the Respondent/s : Mr. Raj Kishore Roy-Gp18
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL JUDGMENT
Date : 25-10-2018
Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner has filed this writ petition for quashing
the order dated 07.09.2017, passed by Member Administrative,
Bihar Land Tribunal, Patna in B.L.T. Case No.1195 of 2015,
Annexure-5, whereby the Member Administrative, Bihar Land
Tribunal set aside the order dated 01.07.2015, passed by the
Collector, Samastipur in Basgit Parcha Case No.48 of 2007 as well
as the order dated 18.10.2006, passed by the Anchaladhikari,
Patori in Basgit Parcha Case No.05 of 2006-07.
Patna High Court CWJC No.18233 of 2017 dt.25-10-2018
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3. The learned counsel for the petitioner submits that the
petitioner filed a petition before the Circle Officer for issuance of
Basgit Parcha with regard to the land of Khata No.477, Khesra
No.2067, area 16 Dhurs standing in the name of Md. Israil and
Md. Ismail Wazmul. The Circle Officer after holding the inquiry
ordered for issuance of Basgit Parcha in favour of the petitioner
but the respondent no.5, Md. Sahabuddin filed appeal before the
Collector and assailed the order that Rule 5 of the Bihar Privileged
Persons Homestead Tenancy Act was violated, no inquiry was held
by the Circle Inspector. The Rule mandates that the inquiry shall
be held by an officer not below the rank of Circle Inspector. The
Collector dismissed the appeal of the respondent no.5. Thereafter
the respondent no.5 filed case before the Bihar Land Tribunal and
the Member Administrative, Bihar Land Tribunal illegally held
that Basgit Parcha was illegally issued in favour of the petitioner
without following the procedure of law and without giving notice
to the landlord. It is further submitted that the respondent no.5 has
already filed suit for setting aside the Parcha issued in favour of
the petitioner but on perusal of the records and after considering
the submissions of the petitioner, I find that the learned Member
Administrative, Bihar Land Tribunal, Patna has categorically held
that Rule 5 of the Bihar Privileged Persons Homestead Tenancy
Patna High Court CWJC No.18233 of 2017 dt.25-10-2018
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Act has not been followed. The Circle Officer entrusted the inquiry
to the Halka Karamchari and no notice was served on the landlord.
In this view of the fact, I find no illegality in the order dated
07.09.2017, passed by Member Administrative, Bihar Land Tribunal, Patna in B.L.T. Case No.1195 of 2015.
4. Accordingly, this writ petition is dismissed being devoid of any merit.
(Prabhat Kumar Jha, J) S.KUMAR/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 29.10.2018 Transmission Date NA