Patna High Court
Dharikshan Sah vs State Of Bihar & Ors on 16 July, 2015
Author: V.N. Sinha
Bench: V.N. Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7254 of 1995
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Dharikshan Sah, son of Late Jotik Sah, resident of village Katkenwa, P.O.
Baktaura, P.S. Adapur, District East Champaran
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Collector, East Champaran, District East Champaran
3. Additional Collector, Ceiling, East Champaran, District East Champaran
4. Anchal Adhikari, at and P.S. Adapur, District East Champaran
5. Bhoros Ram son of Late Ram Lal Manjhi, resident of village Katkenwa, P.O.
Bakhtaura, Via Adapur, P.S. Adapur, District East Champaran
6. Nagendra Ram son of Late Gopi Ram, resident of village Katkenwa, P.O.
Bakhtaura, P.S. Adapur, District East Champaran
7. Inraman Ram son of Late RamLal Ram, resident of village Katkenwa, P.O.
Bakhtaura, P.S. Adapur, District East Champaran
8. Ram Swaroop Sah son of Late Sadho Sah, resident of village Katkenwa, P.O.
Bakhtaura, P.S. and Anchal Adapur, District East Champaran
9. Jugeshwar Manghi (son of parcha holder) Ramphal Manghi
10. Bagar Manghi (son of parcha holder) Ramphal Manghi
11. Mahendra Manghi (son of parcha holder) Ramphal Manghi
12. Jiut Manghi (son of parcha holder) Ramphal Manghi. All serial no. 9 to 12 are
sons of Late Ramphal Manghi, all resident of village Katkenwa, P.O.
Bakhtaura, P.S. Adapur, District East Champaran
13. Ambika Ram son of Matha Ram, resident of village Kanunia, P.S. Adapur,
District East Champaran
14. Muni Ram son of Late Brichh Ram (Parcha holder)
15. Harendra Manghi son of late Bholi Manghi (Parcha holder). Serial Nos. 14 and
15 resident of village Katkenwa, P.O. Bakhtaura, P.S. Adapur, District East
Champaran
16. Bhagirath Ram son of Late Anup Ram, son of parcha holder
17. Imrit Ram son of Late Anup Ram son of parcha holder, both serial nos. 16 and
17 are resident of village Katkenwa, P.O. Bakhtaura, P.S. Adapur, District East
Champaran
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Nath, Advocate
For the Respondent
Nos. 5, 6, 9, 13 to 16:
Mr. Mahesh Pd.-2, Advocate
Mr. Rewti Kant Raman, Advocate
For the State : Mr. Santosh Kumar, JC to GP-9
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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
ORAL JUDGMENT
Date: 16-07-2015 Patna High Court CWJC No.7254 of 1995 dt.16-07-2015 2/4 Heard learned counsel for the petitioner, the State and the counsel for private Respondent nos. 5, 6, 9, 13 to 16, the parcha holders.
2. Petitioner is the land holder. He has filed this writ petition assailing the order of the Collector of the district East Champaran at Motihari dated 06.06.1995 passed in Revenue Appeal No. 37 of 1994-95, Annexure-14 whereunder learned Collector of the District proceeded to set aside the order dated 07.06.1994 passed in the same revenue case by the Additional Collector reopening the ceiling proceedings under Section 45 B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter referred to as the Act).
3. It is submitted on behalf of the petitioner that once the Additional Collector of the district, who is also Collector under the Act passed order dated 07.06.1994 reopening ceiling proceedings, the Collector of the district had no jurisdiction as it was the Collector of the district who considered the petition for reopening and admitted the same for hearing and then transferred the petition to Additional Collector whereafter order dated 07.06.1994 was passed and in this background Collector of the district had no jurisdiction to sit in appeal over order dated 07.06.1994 passed by Additional Collector, also Patna High Court CWJC No.7254 of 1995 dt.16-07-2015 3/4 Collector under the Act and pass order dated 06.06.1994, Annexure-
14.
4. It is submitted on behalf of the State and the private respondents that order of the Additional Collector dated 07.06.1994 reopening the ceiling proceedings is wholly without jurisdiction as in terms of Section 45B of the Act, it is only the Collector of the district who is authorized by the Government to consider reopening the ceiling proceedings.
5. Collector of the district having admitted the petition filed under Section 45B of the Act could not have transferred the same to the Additional Collector, as Additional Collector of the district is not authorized to entertain the same. In any case, if the Collector of the district was aggrieved by the order dated 07.06.1994 passed by the Additional Collector, he ought to have challenged the same by instructing the Revenue Authorities serving under him to file appeal against the order dated 07.06.1994 passed by the Additional Collector before the appropriate forum, but in no case he could have sat in appeal over the same.
6. In the circumstance, I have no option, but to set aside the order dated 06.06.1995, Annexure-14 passed by the Collector of the district and remit back the matter to the Additional Collector to Patna High Court CWJC No.7254 of 1995 dt.16-07-2015 4/4 hear the landholder, if he is alive, otherwise his heirs and the private respondents referred to above and then pass appropriate final order in the matter in accordance with law.
7. The writ petition is, accordingly, allowed.
(V.N. Sinha, J.) Arjun/-
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