Patna High Court - Orders
Kauleshwari Gwalin@Kaleshwani Devi vs The State Of Bihar on 19 July, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14142 of 2019
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Kauleshwari Gwalin@Kaleshwani Devi W/o Late Teka Gope@ Teka Yadav
Resident of Village- Ghutiya Tola Kathautia, P.S.- Chandauti, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Land and
Revenue Reforms, Govt. of Bihar, Patna, Old Secretariat, at Patna, District-
Patna.
2. The Commissioner, Magadh Pramandal, at Gaya, District- Gaya.
3. The Collector, Gaya, at P.O. and P.S. and District- Gaya.
4. The Addl. Collector-cum-Asst. Settlement Officer, Gaya at Gaya.
5. The D.C.L.R., Land Reforms, Sadar, Gaya at Gaya.
6. The Circle Officer, Gaya at Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dr. Anshuman
For the Respondent/s : Mr.Rishi Raj Sinha ( SC-19 )
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 19-07-2019Heard learned counsel for the parties.
2. The petitioner's application under Section 12 of the Bihar Land Tribunal Act, 2010 (hereinafter referred to as 'the Act') has been dismissed by the impugned order dated 08.05.2019, passed by the learned Chairman of the Tribunal with the observation that no case of initiation of a proceeding for contempt was made out.
3. Learned Chairman has taken into account the petition under Section 12 of the Act alleging disobedience of an order dated 18.07.2017, passed by the Tribunal in BLT Case No. Patna High Court CWJC No.14142 of 2019(2) dt.19-07-2019 2/3 1143 of 2016. Learned Chairman has recorded that there was no direction issued in the order dated 18.07.2017, which could be said to have been violated for initiation of contempt proceeding under Section 12 of the Act.
4. Dr. Anshuman, learned counsel appearing on behalf of the petitioner has, however, submitted that fixation of rent and acceptance of rent was consequence of the order dated 18.07.2017 and, therefore, the Circle Officer was obliged to proceed accordingly.
5. Be that as it may, I do not find any infirmity in the impugned order dated 08.05.2019, passed by the learned Chairman of the Tribunal. Learned Chairman has given liberty to the petitioner to avail legal remedies, in accordance with law/rules for redressal of his grievance. The petitioner is said to have filed a miscellaneous case in Rent Fixation Case No.08 of 2013-14 before the Circle Officer, Gaya, a copy of which has been brought on record by way of Annexure P5 to the writ application.
6. This application is disposed of with the only observation that let the petitioner's application, a copy of which has been brought on record by way of Annexure P5 to this writ application, be considered expeditiously and disposed of, in Patna High Court CWJC No.14142 of 2019(2) dt.19-07-2019 3/3 accordance with law.
(Chakradhari Sharan Singh, J) arun/-
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