Patna High Court - Orders
Janardan Yadav & Anr vs The State Of Bihar & Ors on 22 July, 2014
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16127 of 2013
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1. Janardan Yadav Son of Late Bhola Yadav, Resident of Village
Kathdumar, Police Station Simri Bakhtiyarpur, District Saharsa
2. Manoj Yadav Son of Janardan Yadav, Resident of Village Kathdumar,
Police Station Simri Bakhtiyarpur, District Saharsa
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms, Bihar, Patna
2. District Magistrate, Saharsa
3. Additional Collector, Land Ceiling, Saharsa
4. Anchal Adhikari, Simri Bakhtiyarpur, Block, District - Saharsa
5. Sri Nirmal Kumar Singh Son of Late Mahendra Narayan Singh, Resident
Of Village Sonapura, Police Station Rosera, District Samastipur
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.17466 of 2013
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Jeetan Yadav Son Of Late Bhola Yadav Resident Of Village- Kathdumar,
Police Station Bakhtiyarpur, District Saharsa
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department Of
Land Reforms, Bihar, Patna
2. The District Magistrate, Saharsa
3. Additional Collector, Land Ceiling, Saharsa
4. Anchal Adhikari, Simri Bakhtiyarpur Block District- Saharsa
5. Sri Nirmal Kumar Singh Son Of Late Mahendra Naryan Singh Resident
Of Village Sonepur, Police Station Rosera, District- Samastipur
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.18088 of 2013
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Bouku Yadav Son Of Late Bhola Yadav Resident Of Village - Kathdumar,
Police Station - Simri Bakhtiyarpur, District - Saharsa
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Department Of
Land Reforms, Bihar, Patna
2. District Magistrate, Saharsa
3. Additional Collector, Land Ceiling, Saharsa
4. Anchal Adhikari, Simri Bakhtiyarpur Block District- Saharsa
5. Sri Nirmal Kumar Singh Son Of Late Mahendra Naryan Singh Resident
Patna High Court CWJC No.16127 of 2013 (2) dt.22-07-2014
2/3
Of Village - Sonepur, Police Station Rossera, District - Samastipur
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.18273 of 2013
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1. Dukha Yadav S/O Late Bhola Yadav Resident Of Village- Kathdumar
Pergana Farkiya, Police Station- Simri, Bakhtiyarpur, District- Saharsa.
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Department Of
Land Reforms, Bihar, Patna.
2. District Magistrate, Saharsa.
3. Additional Collector, Land Ceiling Saharsa.
4. Anchal Adhikari, Simari Bakhtiyarpur, Block, District- Saharsa.
5. Sri Nirmal Kumar Singh S/O Late Mahendra Narayan Singh Resident Of
Village Sonepur, Police Station- Rosera, District- Samastipur.
.... .... Respondent/s
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Appearance :
(In CWJC No.16127 of 2013)
For the Petitioner/s : Mr. P.K.Tekri
For the Respondent/s : Mr. Lalit Kishor
(In CWJC No.17466 of 2013)
For the Petitioner/s : Mr. Anil Kr. Upadhyay
For the Respondent/s : Mr. P.K.Tekri
(In CWJC No.18088 of 2013)
For the Petitioner/s : Mr. Shashi Dhar Jha
For the Respondent/s : Mr. Kundan Bhadur Singh
(In CWJC No.18273 of 2013)
For the Petitioner/s : Mr. Shashi Dhar Jha
For the Respondent/s : Mr. Pankaj Kr. Singh
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 22-07-2014The questions involved in these writ petitions are similar and as such, these writ petitions are disposed of by a common order.
Heard learned counsel for the petitioners and learned counsel for the State.
Patna High Court CWJC No.16127 of 2013 (2) dt.22-07-20143/3
Grievance has been made that petitioners have purchased the land from Nirmal Kumar Singh in the year 2011 and he had purchased the land from the landlord, Deep Narayan Singh of village Shishrba in the year 1963.
Much before coming into force of the Land Ceiling Act or the appointed day i.e. 9th September 1970, claim has been made that it was a bounden duty of the Collector, before declaring the land as surplus, the land holder should have been given a notice and there should have been a proper enquiry in Ceiling Case No. 704/75-76 and 45/1983.
After vesting the land, the proper forum is available to the petitioners to approach the authority as provided under section 45B of the Act who will examine the case of petitioners and pass an order in accordance with law.
If such application is filed within the period of forty five days from to-day, the authority under section 45B of the Act will be obliged to decide the same within six months from the date of filing of the application.
Accordingly, this petition is disposed of.
Mahesh/- (Shivaji Pandey, J) U