Patna High Court
Rajendra Yadav vs The State Of Bihar And Ors on 7 August, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9798 of 2015
======================================================
Rajendra Yadav Son of Late Bhagwat Yadav resident of Village - Jhitkiya,
Tola - Mahua, Post - Ghailar, P.S. - Ghailar, District - Madhepura.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Secretary of the Land Reform and Revenue Department, Government of
Bihar, Patna.
3. The Collector, Madhepura.
4. The Sub-Divisional Officer, Madhepura.
5. The Deputy Collector of Land Reform, Madhepura.
6. The Circle Officer, Ghailardh, Madhepura.
7. Bijo Sada son of Buddhu Sada.
8. Dukhi Sada son of Buddhu Sada.
9. Anil Sada son of Baicho Sada.
10. Indal Sada son of Biso Sada.
11. Sajjo Sada son of Lochan Sada.
12. Satto Sada son of Lochan Sada.
13. Dhodhai Sada son of Lochan Sada.
14. Jhabbar Sada son of Lochan Sada.
15. Gajendra Sada son of Lochan Sada.
16. Rajkumar Sada son of Dalai Sada.
17. Sukrati Sada son of Babuji Sada.
18. Suresh Sada son of Mohan Sada.
19. Kari Sada son of Parmeshwar Sada.
20. Tuntun Sada son of Late Buddhu Sada.
21. Balram Sada son of Late Buddhu Sada.
22. Shatrughan Sada son of Late Buddhu Sada.
23. Biso Rishidev son of Mohan Rishidev.
24. Suro Rishidev son of Mohan Rishidev.
25. Kunkun Rishidev son of Mohan Rishidev.
26. Puran Rishidev son of Jageshwar Rishidev.
27. Smt. Duro Devi wife of Late Saryu Rishidev.
28. Shiva Rishidev son of Kishan Rishidev.
29. Bechan Rishidev son of Mohan Rishidev.
30. Nanhku Sada son of Mohan Sada All are residents of Village - Jhitkiya, Tola
- Mahua, Post - Ghailar, P.S. - Ghailar, District - Madhepura.
Patna High Court CWJC No.9798 of 2015 dt.07-08-2023
2/4
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Jha, Adv.
For the Respondent/s : Mr. Sarvesh Kr. Singh, AAG-13
: MR. Arya Achint, AC to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-08-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for setting-
aside the basgit parcha and the said Jamabandi issued in favour
of the private respondents.
3. Counsel for the petitioner submits that the
petitioner came in the possession of the said land by virtue of
purchasing the land in question bearing Khata No.120, Khesra
No.951/663 area of 90 Dismal, Khesra No.952/730 area of 91
Dismil and Khesra No.953/729, Area-67 Dismal and total area
of land in question is 248 Dismal.
4. Counsel for the petitioner submits that petitioner
has purchased 124 Dismal land by registered sale-deed vide
Annexure-1 series from the Khatiyani Raiyat namely Lobhi
Kamat in 1979. Counsel submits that without hearing the
petitioner or without issuing any notices to the petitioner, basgit
parcha has been granted in favour of the private respondents.
Patna High Court CWJC No.9798 of 2015 dt.07-08-2023
3/4
5. Counsel for the petitioner submits that petitioner
has filed representation vide annexure-8 before the District
Magistrate, Madhepura but no action has taken place till date.
6. Counsel for the State submits that a counter-
affidavit has been filed in this case. He submits that the
petitioner has purchased land by virtue of two sale-deeds
no.2323 of 1979 dated 20.02.1979 and sale-deed no.12683 of
1979 dated 20.02.1979 from one Pulkit Kamat s/o Lodhi Kamat
and thereafter petitioner Rajendra Yadav and another land was
purchased through registered sale-deed no.11886 of 1981 dated
29.09.1981from one Krishna Devi w/o Hardev Mandal.
Counsel further submits that as per the records the said vendors Pulkit Kamat and Krishna Devi are not Jamabandi Raiyats of Jamabandi No.120 and there are no legal heirs and coparceners of Jamabandi Raiyat namely Kalicharan Mandal.
7.In this background, counsel for the petitioner submits that the said vendors are directly related to the recorded tenet namely Kalicharan Mandal.
8. In the light of submissions made by the counsel for the petitioner and the pleadings made by the counsel for the respondents, particularly when there is no response from the Collector, Madhepura on annexure-8 till date, this Court directs Patna High Court CWJC No.9798 of 2015 dt.07-08-2023 4/4 to the petitioner to file his representation before the Collector, Madhepura afresh including all the details under section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948) and the Collector, Madhepura is directed to pass a reasoned and speaking order under section 21 of the said act, considering the merits and demerits of this case within 8 weeks from the date of appearance of all the parties concerned with this matter.
9. With the aforesaid direction, this writ petition is hereby disposed off.
(Dr. Anshuman, J.) Ashishsingh/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2023 Transmission Date NA