Lilanath Jha vs The State Of Bihar on 25 July, 2024

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Patna High Court

Lilanath Jha vs The State Of Bihar on 25 July, 2024

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11017 of 2024
     ======================================================
     Lilanath Jha S/o Achchut Nath Jha, resident of ward no.2, Bargouriya,
     Udaypurbithuar, P.O. - Udaypur Bathuar, P.S. - Paudaul, District - Madhubani
     847231.

                                                                ... ... Petitioner/s
                                          Versus

1.   The State of Bihar through Additional Chief Secretary-cum-Principal
     Secretary Revenue and Land Reforms, Government of Bihar, Patna.
2.   The Additional Chief Secretary-cum-Principal Secretary Revenue and Land
     Reforms, Government of Bihar, Patna.
3.   The District Collector, Madhubani.
4.   The Superintendent of Police, Madhubani.
5.   The Circle Officer, Pandaul, District- Madhubani.
6.   The Station House Officer, Pandaul, District- Madhubani.
7.   Most. Kaushalya Devi, W/o Late Rameshwar Mehtar, R/o- Bargouriya,
     Udaypurbithuar, P.O. Udaypur Bathuar, P.S. - Paudaul, District - Madhubani,
     847231.
8.   Bindu Devi, W/o Ashok Mehtar, R/o- Bargouriya, Udaypurbithuar, P.O.
     Udaypur Bathuar, P.S. - Paudaul, District - Madhubani, 847231.
9.   Nirmla Devi, W/o Vijay Mehtar, R/o- Bargouriya, Udaypurbithuar, P.O.
     Udaypur Bathuar, P.S. - Paudaul, District - Madhubani, 847231.
10. Manju Devi, W/o Asharfi Mehtar, R/o- Bargouriya, Udaypurbithuar, P.O.
    Udaypur Bathuar, P.S. - Paudaul, District - Madhubani, 847231.
11. Poonam Devi, W/o Papu Mehtar, R/o- Bargouriya, Udaypurbithuar, P.O.
    Udaypur Bathuar, P.S. - Paudaul, District - Madhubani, 847231.
12. Fuleshwari Devi, W/o - Kapileshwar Mehtar, R/o- Bargouriya,
    Udaypurbithuar, P.O. Udaypur Bathuar, P.S. - Paudaul, District - Madhubani,
    847231.
13. Geeta Devi, W/o Color Mehtar, R/o- Bargouriya, Udaypurbithuar, P.O.
    Udaypur Bathuar, P.S. - Paudaul, District - Madhubani, 847231.
14. Punam Devi, W/o- Papu Mehtar, R/o- Bargouriya, Udaypurbithuar, P.O.
    Udaypur Bathuar, P.S. - Paudaul, District - Madhubani, 847231.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Alok Ranjan, Addv.
     For the State          :      Mr. Atul Shankar, Adv.
     =======================================================
 Patna High Court CWJC No.11017 of 2024 dt.25-07-2024
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       CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                       ORAL JUDGMENT
       Date : 25-07-2024

                   Heard Mr. Alok Ranjan, learned Advocate for the

         petitioner and Mr. Atul Shankar, learned Advocate for the State.

                   2. In sum and substance the grievance of the petitioner

         is only confined to expeditious disposal of Basgit Parcha Case

         No. 86-92/2011-12. Prayer has also been made to restore the

         land of the petitioner which has illegally been encroached by the

         private respondent nos. 7 to 14 in connivance with the official

         respondents.

                   3. Learned Advocate for the petitioner contended that

         against issuance of Basgit Parcha with respect to certain portion

         of the land in favour of respondent nos. 7 to 14 by the Circle

         Officer, Pandaul in the year 2012, the petitioner had approached

         before the District Magistrate, Madhubani by way of filing

         appeal bearing Basgit Parcha Appeal Case No. 61/2012-2013.

         The aforesaid appeal came to be disposed of vide order dated

         04.12.2023

by setting aside the order passed by the Circle Officer, Pandaul by which Basgit Parcha was issued. The matter was finally remanded to the Circle Officer, Pandaul for fresh consideration. It is the contention of the learned Advocate for the petitioner that despite remand being made by order dated 04.12.2023 till date the Circle Officer, Pandaul is sitting tight Patna High Court CWJC No.11017 of 2024 dt.25-07-2024 3/4 over the matter. The private respondents in whose favour earlier Basgit Parcha was issued now they, in connivance with the official respondents, are encroaching upon the land of the petitioner by making illegal construction. In the aforesaid premise, the petitioner has filed several petitions before the Circle Officer as well as the District Magistrate for expeditious disposal of Basgit Parcha Case No. 86-92/2011-12 to resolve the dispute. Despite the petition filed by the petitioner the proceeding has not been commenced any further; left with no option, the petitioner approached before this Court.

4. On the other hand, learned Advocate for the State informed this Court that the matter has been remanded only on 04.12.2023 itself and the same shall be considered and disposed of after giving proper opportunity of hearing to all concerned.

5. Considering the rival submissions of the learned counsel for the parties and the materials brought on record by the petitioner that the private respondents are making construction over the land in question, it would be apt and prudent for the Circle Officer, Pandaul to take up Basgit Parcha Case No. 86-92/2011-12 and dispose of the same expeditiously by giving proper opportunity of hearing to all concerned, preferably within a period of eight weeks from the date of Patna High Court CWJC No.11017 of 2024 dt.25-07-2024 4/4 receipt/production of a copy of this order.

6. The writ petition stands disposed of with the aforesaid observations and directions.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date            29.07.2024
Transmission Date

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