Ram Lagan Choudhary vs The State Of Bihar, on 22 October, 2024

[Cites 1, Cited by 0]

Patna High Court - Orders

Ram Lagan Choudhary vs The State Of Bihar, on 22 October, 2024

Bench: Alok Kumar Pandey

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.15516 of 2024
                 ======================================================
                 Ram Lagan Choudhary



                                                                       ... ... Petitioner/s
                                                 Versus


                 The State of Bihar,

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Shashi Nath Jha
                 For the Respondent/s   :    Mr.Standing Counsel (8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   22-10-2024

In the instant petition, petitioner has prayed for the following relief(s):-

(i) Directing the learned. Anchla Adhikari, Baheri, (Respondent no.3) to proceed further in the matter as per the specific order & direction, passed by the learned Collector on 15.01.2019 vide Misc. Case No. 111 of 2018 as contained in Annx-P/4 hereto under Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the B.P.P.H.T.Act).

(ii) Directing the learned. Anchla Adhikari, Baheri, (Respondent no.3) to setaside the Basgit Parchas, which had illegally been granted to the respomdents 2nd party hereto and/or their ancestors especially without hearing the present petitioner who was/ is admittedly the land -owners of the lands in question.

(iii) Holding and declaring that learned Anchla Adhikari, Baheri, (Respondent no.3) had no jurisdiction to grant Parchas in favour of the Respondent 2nd party without hearing the petitioner and/ or without taking consent from the petitioner.

Patna High Court CWJC No.15516 of 2024(2) dt.22-10-2024 2/3

(iv) Holding and declaring that the whole proceeding before the learned Anchla Adhikari, Baheri (Respondent no.3) with respect to grant of Basgit Parcha on the petitioner's lands in question was arbitrary and nullity in the eyes of law.

(v) Holding and declaring that the respondents 2nd party are the unauthorized occupants of the lands of the petitioner and they were never been the tenants of the petitioner.

(vi) Restoring the possession of the petitioner over the lands in question by setting aside the Basgit Parchas, which had been granted to the respondents 2 nd party and/or their ancestors in the absence of the present petitioner.

(vii) Granting any other relief/ reliefs for which the petitioner may be found entitled to.

2. From perusal of relief portion it transpires that order of the District Magistrate, Darbhanga has not been complied by Anchal Adhikari, Baheri, Darbhanga. On query, learned counsel of the petitioner failed to satisfy whether he has approached the District Magistrate, Darbhanga for execution of order passed by him or not.

3. Learned counsel for the petitioner seeks two weeks time to file supplementary affidavit to bring on record the fact that he has approached the District Magistrate, Darbhanga for execution of the order passed by him.

4. Learned counsel for the State is also directed to file its counter affidavit within two weeks.

5. If petitioner fails to file supplementary affidavit on Patna High Court CWJC No.15516 of 2024(2) dt.22-10-2024 3/3 the next date of hearing, the matter would be decided with the available records.

6. Put up this matter on 12.11.2024.

(Alok Kumar Pandey, J) shahzad/-

Unlock Advanced Research with PRISMAI

Patna High Court - Orders