Rohit Kumar Sah vs The State Of Bihar And Ors on 18 September, 2023

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Patna High Court - Orders

Rohit Kumar Sah vs The State Of Bihar And Ors on 18 September, 2023

Bench: Anshuman

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16552 of 2015
                 ======================================================
                 Rohit Kumar Sah Son of Shivjee Sah, Resident of Chatti Road Chichri
                 Bujurg, P.O. - Raj Nagar, P.s. - Rajnagar, District - Madhubani.
                                                                              ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar.
           2.    The District Magistrate, Madhubani.
           3.    The Sub-Divisional Officer Sadar, Madhubani.
           4.    The Deputy Collector Land Reform D.C.L.R., Madhubani.
           5.    The Anchal Adhikari Circle Officer Raj Nagar, Madhubani.
           6.     Surendra Mishra Son of Late Munindra Mishra Resident of College Chowk
                  Chichri Bujurg, P.O. - Rajnagar, P.S. - Rajnagar, District - Madhubani.
                                                                               ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Jainendra Kumar, Adv.
                 For the Respondent/s    :       Smt.Nivedita Nirvikar, GA-10.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   18-09-2023

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondents to provide possession to the petitioner for the land which has been granted to him by virtue of Basgit Parcha in his favour and further to direct the Anchal Adhikari for the measurement of the land and hand over the possession and subsequently to restrain respondent no.6 from creating any obstruction on the said land.

3. Learned counsel for the State raised preliminary objection and submits that there is a special law namely Bihar Land Disputes Resolution Act, 2009 (Bihar Act 4 of 2010) Patna High Court CWJC No.16552 of 2015(3) dt.18-09-2023 2/2 which has been enacted with a view to provide the possession on the basis of Parcha granted in favour of the aggrieved persons.

4. It transpires to this Court that the private respondents has earlier moved before this Hon'ble Court by way of filing C.W.J.C. No.6741 of 2013 which was dismissed on 09.01.2013 and thereafter in L.P.A. No.640 of 2013 which was dismissed as withdrawn on 21.01.2014.

5. In this view of the matter, the petitioner is directed to file application before Deputy Collector Land Reforms, Madhubani under Bihar Land Disputes Resolution Act, 2009 (Bihar Act 4 of 2010) within four weeks from today and the Deputy Collector Land Reforms, Madhubani is directed to pass final order within three months from the date of appearance of private respondents/ any other party concerned and execute the same within further three months.

6. With this direction and observation, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/-

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Patna High Court - Orders