Md. Zeaur Rahman vs The State Of Bihar on 26 November, 2024

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Patna High Court

Md. Zeaur Rahman vs The State Of Bihar on 26 November, 2024

Bench: Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17699 of 2024
     ======================================================
     Md. Zeaur Rahman S/o Late Nabi Hasan, R/O Vill- Kaithulia,P.O.-
     Chandpura, P.S.- Pridupur, Distt- Vaishali

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through its Additional Secretary, Revenue and Land
     Reforms Department, Government of Bihar, Patna.
2.   The District Magistrate, Vaishali, Hajipur.
3.   The Additional District Magistrate, Vaishali, Hajipur
4.   The Circle Officer, Anchal Bidupur, Vaishali
5.   Ram Pravesh Paswan Son of late Jadu Paswan Resident of village-
     Kaithaulia, P.O.- Chandpura, Nanhakar, P.O- Bidupur, Anchal Bidupur,
     Distt- Vaishali.
6.   Ranjit Paswan son of late Jadu Paswan resident of village village-
     Kaithaulia, P.O.- Chandpura, Nanhakar, P.O- Bidupur, Anchal Bidupur,
     Distt- Vaishali.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr.Kumar Samarjeet Singh
     For the Respondent/s     :      Mr.Addl. Advocate General (5)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT
      Date : 26-11-2024

                            Heard the parties.

                            2. In the instant petition, petitioner has prayed

      for the following relief(s):-

                                       i. For a direction upon
                the respondent authority specially Respondent
                No- 2 to dispose of the Appeal Basgit Parcha
                Cancellation Case No.- 1 of 2024 which is
                pending in his court since 16/02/2024 within
                reasonable time.

                                           ii. For any other
                relief/reliefs for which the petitioner is entitled in
 Patna High Court CWJC No.17699 of 2024 dt.26-11-2024
                                           2/3




                   facts and circumstances of the case.


                            3. Learned counsel for the petitioner submits

         that land in question bearing khata no. 322, khesra No. 125

         situated at Village Kaithaulia, Anchal and P.S. Bisdupur,

         District-Vaishali is maurusi land of the petitioner and he has

         established shop and godown situated in the market. He further

         submits that Basgit Parcha was issued in the name of private

         respondent no. 5 and 6 by the Circle Officer, Anchal Bidupur,

         Vaishali with the consent of father of the petitioner but later on

         petitioner came to know that by making fraud, fake and

         fabricated Basgit Parcha No. 18/ 1983-84 was obtained by the

         private respondents and they are creating hindrance in peaceful

         possession of the petitioner. Learned counsel further submits

         that Mutation Cancellation Case No. 81/ 2020-2021 was filed by

         the petitioner for cancellation of Jamabandi in the name of

         private respondents before the Additional Collector, Vaishali

         which was disposed of vide order dated 22.12.2023 stating

         therein that mutation is on the basis of Basgit Parcha dated

         30.11.1983

and petitioner should first initiate for cancellation of Basgit Parcha before the Collector under Section 21 of Bihar Privileged Persons Homestead Tenancy Act, 1947 then the said Jamabandi could be cancelled. Thereafter, petitioner approached Patna High Court CWJC No.17699 of 2024 dt.26-11-2024 3/3 before the Collector vide Appeal Basgit Parcha Cancellation Case No. 01 of 2024 on 16.02.2024 but said appeal has not been decided as yet.

4. Learned counsel for the State has submitted that it is a matter of record and nothing could be said in this regard.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with direction to respondent no. 2/District Magistrate, Vaishali, Hajipur to dispose of Appeal Basgit Parcha Cancellation Case No. 01 of 2024 within three months from the date of receipt/production of copy of this order in accordance with law after giving due opportunity of hearing to party concerned.

(Alok Kumar Pandey, J) shahzad/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          26.11.2024
Transmission Date       N.A.

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