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Patna High Court - Orders

Dashrath Mandal vs The State Of Bihar on 18 April, 2023

Author: Partha Sarthy

Bench: Partha Sarthy

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.12226 of 2022
                 ======================================================
                 Dashrath Mandal & Ors.

                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar & Ors.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Jitendra Prasad Singh, Advocate
                                               Mr. Pawan Kumar, Advocate
                 For the Respondent no.5 :     Mr. Kumar Rajeev, Advocate
                 For the State           :     Mr. Rishi Raj Sinha, S.C.19
                                               Mr. Manoj Kumar Sinha, A.C. to S.C.19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   18-04-2023

Heard learned counsel for the petitioners, learned counsel for the respondent-State and learned counsel for the respondent no.5.

The case of the petitioners is that on learning about issuance of basgit parcha with respect to his land measuring an area of 2 decimals in Khata no.146 R.S. Khesra no.1843 in Mauja Ganeshpur, Thana no.142, he filed an application under section 21 of the Bihar Privileged Persons Homestead Tenancy Act, which was registered as Basgit Parcha Revision Case no.44 of 2017 which was rejected on 4.6.2020 (Annexure-4). Even the appeal preferred by him was rejected by the learned Member (Judicial), Bihar Land Tribunal, Patna by order dated 30.6.2022 passed in B.L.T. Case no.168 of 2020.

Learned counsel for the respondents submits that as Patna High Court CWJC No.12226 of 2022(5) dt.18-04-2023 2/2 would be evident from Annexure-A to the counter affidavit of respondent no.5, basgit parcha was issued to the petitioner in Case no.36/1993-94 in the year 1994.

Let the Circle Officers of both Chausa and Puraini, in the District Madhepura appear with the original documents with respect to the above basgit parcha case or with the original diary giving the details of the basgit parcha issued between the period 1993-95.

Put up on 25.4.2023 at 1.00 p.m. (Partha Sarthy, J) Saurabh/-

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