Patna High Court
Shashi Bhushan Prasad Ambastha vs The State Of Bihar on 6 July, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2215 of 2023
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Shashi Bhushan Prasad Ambastha Son of Rameshvar Prasad, Resident of
Village - Ghaghra, P.S. - Bakhri, District - Begusarai. At present residing at
mohalla - Jay Prakash Nagar, Ward No. 21, P.S. - Khagaria, District -
Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms and Revenue, Government of Bihar, Patna.
2. The Collector, Begusarai.
3. The Additional Collector, Begusarai.
4. The District Collector Land Reforms, Bakhri, District - Begusarai.
5. The Circle Officer, Bakhri, District - Begusarai.
6. The Circle Inspector, Block - Bakhri, District - Begusarai.
7. Radhe Paswan, son of late Akal Paswan, resident of village - Ghaghra, P.S.
Bakhri, District - Begusarai.
8. Kewal Sah, son of Bahor Sah, Resident of village - Ghaghra, P.S. - Bakhri,
District - Begusarai.
9. Ram Tanti, Son of Gango Tanti, Resident of village - Ghaghra, P.S. - Bakhri,
District - Begusarai.
10. Ratan Tanti, son of Ram Tanti, Resident of village - Ghaghra, P.S. - Bakhri,
District - Begusarai.
11. Gango Tanti, son of Akal Tanti, Resident of village - Ghaghra, P.S. - Bakhri,
District - Begusarai.
12. Gonar Mahto, son of Mishri Mahto @ Mango Mahto, Resident of village -
Ghaghra, P.S. - Bakhri, District - Begusarai.
13. Manoj Paswan, son of Shiv Nandan Paswan, Resident of village - Ghaghra,
P.S. - Bakhri, District - Begusarai.
14. Sikandar Mahto, son of Gonar Mahto, Resident of village - Ghaghra, P.S. -
Bakhri, District - Begusarai.
15. Aklu Mahto, Son of Late Ramji Mahto, Resident of village - Ghaghra, P.S. -
Bakhri, District - Begusarai.
16. Dhanraj Dhobi, son of Sariyat Dhobi, Resident of village - Ghaghra, P.S. -
Bakhri, District - Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha, SC-19
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 06-07-2023 Heard learned counsel for the petitioner and Patna High Court CWJC No.2215 of 2023 dt.06-07-2023 2/3 learned counsel for the State.
2. The present writ petition has been filed against grant of Basgit Parcha of Khata No.233 and 239, Khesra No.1368 and 1441 total area 7 katha 14 Dhur land situated with mauza-Ghaghra, Pargana-Balia in favour of respondent Nos. 7 to 16.
3. Learned counsel for the petitioner submits that the respondents are not under raiyat even then Basgit Parcha has been issued which is absolutely in violation of law as old Basgit Parcha it is necessary there must be some relation between the landlord and the alleged person who is claiming parcha or to whom parcha has been granted. Counsel further submits that the said parcha which has been granted vide Annexure-3 is absolutely illegal and sustainable in the eye of law.
4. Learned counsel for the State submits that petitioner has directly invoked the writ jurisdiction whereas there is already statutory remedy available to the petitioner under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 [Bihar Act IV of 1948]. Counsel for State also submits that petitioner has alternative remedy to file civil suit for cancellation of Basgit Parcha on the ground of fraud or want of prosecution.
Patna High Court CWJC No.2215 of 2023 dt.06-07-2023 3/3
5. In this background the statutory remedy lies to the petitioner. The petitioner is directed to file his application under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 [Bihar Act IV of 1948] before the Collector of the district raising all his grievances within four weeks from today and the Collector of the district is directed to enquire into the matter and thereafter pass a reasoned and speaking order.
6. With the aforesaid direction, the present writ petition is disposed off.
(Dr. Anshuman, J.) ravishankar/-
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