Patna High Court - Orders
Vijay Kumar Sharma & Ors vs The State Of Bihar & Ors on 7 July, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.632 of 2013
In
Civil Writ Jurisdiction Case No.7190 of 2012
With
Interlocutory Application No.3755 of 2013
And
Interlocutory Application No.4528 of 2013
In
Letters Patent Appeal No.632 of 2013
======================================================
Abhinandan Kumar Suman, son of Late Ramnagina Kumar, resident of Flat
No. 204, Sarswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.
Kotwali, District- Patna
.... ....Writ petitioner-Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.638 of 2013
In
Civil Writ Jurisdiction Case No.7191 of 2012
======================================================
Rajesh Kumar Gautam, son of Late D.P. Singh, Resident of Flat No. 402,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.- Kotwali,
District- Patna.
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
2/17
.... .... Petitioner-Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.654 of 2013
In
Civil Writ Jurisdiction Case No.7189 of 2012
======================================================
Rani Kumari, Daughter of Sri Akhileshwar Diwedi, Resident Of Flat No.
303, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna.
.... .... Appellant/s
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
3/17
with
Letters Patent Appeal No.661 of 2013
In
Civil Writ Jurisdiction Case No.7185 of 2012
======================================================
Kumkum Ranjan, Wife of Sri Neeraj Ranjan, Resident of Flat No. 305,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.- Kotwali,
District- Patna.
.... .... Petitioner-Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.743 of 2013
IN
Civil Writ Jurisdiction Case No. 7184 of 2012
======================================================
Madhup Kumar Singh, Son of Parmanand Singh, Resident Of Flat No. 102,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.- Kotwali,
District- Patna
.... .... Petitioner-Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
4/17
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.783 of 2013
IN
Civil Writ Jurisdiction Case No. 7186 of 2012
======================================================
Ashok Kumar Sinha, Son Of Late Bisheshwar Prasad Sinha, Resident Of
Flat No. 302, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri,
P.S.- Kotwali, District- Patna
.... .... Petitioner-Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.820 of 2013
In
Civil Writ Jurisdiction Case No. 7188 of 2012
With
Interlocutory Application No.5628 of 2013
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
5/17
In
Letters Patent Appeal No.820 of 2013
======================================================
Subir Kumar, Son Of Shri Krishna Prasad Singh, Resident Of Flat No.202,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S. Kotwali,
District - Patna
.... .... Petitioner-Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.841 of 2013
IN
Civil Writ Jurisdiction Case No. 7187 of 2012
With
Interlocutory Application No.4934 of 2013
In
Letters Patent Appeal No.841 of 2013
======================================================
Lalita Singh, Wife Of Nagendra Singh Son of Late Deo Lagan Singh,
Resident Of Flat No. 106, Saraswati Niketan Apartment, I.A.S. Colony,
Kidwaipuri, Police Station- Kotwali, District- Patna
.... .... Appellant/s
Versus
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
6/17
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.843 of 2013
IN
Civil Writ Jurisdiction Case No. 7193 of 2012
With
Interlocutory Application No.1216 of 2014
In
Letters Patent Appeal No.843 of 2013
======================================================
1. Vijay Kumar Sharma, Son of Shri Ram Balak Singh, Resident of Flat
No.201, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna
2. Smt. Sunaina Sharma, wife of Sri Vijay Kumar Sharma, Resident of Flat
No.501, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna
3. Sudhir Kumar Singh, Son of Baleshwar Prasad Singh, Resident of Flat
No.G-3, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna
4. Anil Kumar Singh, Son of Late Ram Japo Singh, Resident of Flat No.G-
2, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna
5. Indira Kumari, Wife of Neeraj Ranjan, Resident of Flat No.306,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali,
District- Patna
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
7/17
6. Akildeo Singh, Son of Late Raghunath Prasad Singh, Resident of Flat
No.206, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna
7. Rajiv Kumar, Son of Late Hari Nandan Singh, Resident of Flat No.503,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali,
District- Patna
8. Damyanti Kumari, wife of Late Suresh Kumar, Resident of Flat No.301,
Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali,
District- Patna
.... .... Petitioners- Appellant
Versus
1. State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/s Anant Homes Pvt. Ltd. through its Managing Director Chandra
Sekhar Kumar having its Office at South Mandiri, P.S. Budha Colony,
Patna
7. M/s Mangalam Homes (India) Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Nafish Place, Sharif Colony, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.866 of 2013
IN
Civil Writ Jurisdiction Case No. 7173 of 2012
With
Interlocutory Application No.5060 of 2013
In
Letters Patent Appeal No.866 of 2013
======================================================
Smt. Priyanka Singh, D/O Sri Mahatam Singh, Wife of Sri Abhayendra
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
8/17
Mohan Singh, Resident of Village and P.O.- Baghawan Mahammadpur,
P.S.- Gangpur Siswan, District- Siwan (Bihar), presently Resident Of Flat
No. 304, Saarswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-
Kotwali, District- Patna
.... .... Petitioner-Appellant
Versus
1. The State Of Bihar
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Patna Sadar, Patna
6. Smt. Sangeeta Kumari D/O Late Surendra Bahadur Prasad, W/O Shri Ajit
Kumar, Advocate
7. Shri Ajit Kumar, S/O Late Baidyanath Sahay at present both Resident Of
Flat No. B-204, Puspanjali Enclave, North Mandiri, P.S.- Budha Colony in
The Town And District Of Patna
8. M/S Anant Homes Pvt. Ltd. Company through its Managing Director,
Chandra Shekhar Kumar having its office at South Mandiri, P.S.- Budha
Colony, Patna
9. Smt. Bachchi Devi, Wife Of Late Satyadeo Singh at Village- Dhanauti,
P.S.- Maharajganj, District- Siwan
10. Saroj Kumar, S/O Sri Siya Sharan Singh, Resident Of Village- Rajapur,
P.S.- Paraiya, District- Gaya through his power of attorney holder Uday
Kumar Singh, Village- Bahadurpur, P.S.- Arwal, District- Arwal
11. Binod Kumar Singh, S/O Sri Raj Ballabh Sharan Singh, Resident Of
Village- Rajpur, P.S.- Paraiya, District- Gaya through his power of attorney
holder, namely Pramod Kumar Singh, S/O Sri Sarju Singh, Village-
Bahadurpur, P.S. Arwal, District- Arwal
12. M/S Manglam Homes (India) Pvt. Ltd. Patna through its Managing
Director, Sunil Kumar Verma, 190/A, Main Boring Road, Near I.B.P.
Petrol Pump, P.S.- S.K. Puri, District- Patna
13. Sarvar Nazami S/O Late Akhtar Sayeed, Resident Of Flat No. 302,
Nafish Palace, Sharif Colony, P.S.- Pirbahore, District- Patna
.... .... Respondents-Respondents
======================================================
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
9/17
with
Letters Patent Appeal No.868 of 2013
IN
Civil Writ Jurisdiction Case No. 6547 of 2012
With
Interlocutory Application No.5063 of 2013
And
Interlocutory Application No.5064 of 2013
In
Letters Patent Appeal No.868 of 2013
======================================================
Manmardan Shukla @ Lallan, Son Of Late Ram Das Shukla, Resident Of
Flat No. 506, Saraswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.
Kotwali, District- Patna
.... .... Petitioner-Appellant
Versus
1. The State Of Bihar through The Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. Smt. Sangeeta Kumari, Daughter Of Late Surendra Bahadur Prasad, Wife
Of Ajit Kumar, Advocate,
6. Sri Ajit Kumar, Son Of Late Baidyanath Sahay, At present both Resident
Of Flat No. B-204, Pushpanjali Enclave, North Mandiri, P.S.- Budha
Colony, in the Town And District Of Patna
7. M/S Anant Homes Pvt. Ltd. through Managing Director, Chandra
Shekhar Kumar Having Its Office At South Mandiri, P.S. Budha Colony,
Patna
8. Bachchi Devi, Wife Of Late Satya Deo Singh, at Village- Dhanwati,
P.S.- Maharajganj, District- Siwan
9. Saroj Kumar, Son Of Sri Siya Saran Singh, Resident Of Village- Rajapur,
P.S.- Paraiya, District- Gaya through its Power Of Attorney Holder Uday
Kumar Singh, Village- Bahadurpur, P.S.- Arwal, District- Arwal
10. Binod Kumar Singh, Son Of Sri Raj Ballabh Sharan Singh, Resident Of
Village- Rajapur, P.S.- Paraiya, District- Gaya through its power of attorney
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
10/17
holder Pramod Kumar Singh Son Of Sarju Singh, Village- Bahadurpur,
P.S.- Arwal, District- Arwal
......Respondents-respondents
M/S Mangalam Home (India), Pvt. Ltd. through its Director Mr. Sarwar
Nazmi, 302, Hafish Palace, Sharif Colony, Patna
.... .... Performa Respondents-Respondents
======================================================
Appearance :
(In LPA No.632 of 2013)
For the Appellant/s : Mr. Ashish Giri, Advocate
For the Respondent No.6: Mr. Ajay Kumar Sinha, Advocate
For the Intervenor : Mr. Dinu Kumar, Advocate
Mr. Shiv Kr. Prabhakar, Advocate
For the State : Mr. Rajiv Kumar Singh, Advocate,
Government Pleader No.2
(In LPA No.638 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
Mr. Ashok Kumar Sinha, Sr. Advocate
For the Respondent/s : Mr.
(In LPA No.654 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
For the Respondent State: Mr. Utsav Kumar, A.C. to G.A.-11
(In LPA No.661 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
For the Respondent State: Mr. Manoj Kr. Ambastha, G.P.14
Mr. Subodh Kumar, A.C. to G.P.14
(In LPA No.743 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
For the Respondent/s :
(In LPA No.783 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
For the Respondent/s :
(In LPA No.820 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
For the Respondent/s : Mr. Yugal Kishore (Sr. Advocate)
Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014
11/17
Mr. Virendra Prasad, Advocate
Mr. Sanjay Kumar, Advocate
(In LPA No.841 of 2013)
For the Appellant/s : Mr. Rajesh Kumar Singh, Advocate
Mr. Rana Pratap Singh, Sr. Advocate
For the Respondent/s :
(In LPA No.843 of 2013)
For the Appellant/s : Mr. Arun Kumar Arun, Advocate
For the Respondent/s :
(In LPA No.866 of 2013)
For the Appellant/s : Mr. Prashant Sinha, Advocate
For the Respondent/s :
(In LPA No.868 of 2013)
For the Appellant/s : Mr. Siddharth Shankar Pandey, Advocate
Mr. Hansa Jha, Advocate
For the Respondents 5 and 6: Mr. Chiranjiva Ranjan, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
19 07-07-2014Interlocutory Application No.5064 of 2013 Delay of four days occurred in filing the Letters Patent Appeal No.868 of 2013 is condoned.
Interlocutory Application stands disposed of. L.P.A. Nos.632 of 2013, 638 of 2013, 654 of 2013, 661 of 2013, 743 of 2013, 783 of 2013, 820 of 2013, 841 of 2013, 843 of 2013, 866 of 2013 and 868 of 2013.
This group of appeals are preferred by the respective writ petitioners against the common judgment and order dated 7th May 2013, passed by the learned single Judge Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014 12/17 in C.W.J.C. Nos. 7190 of 2012, 7191 of 2012, 7189 of 2012, 7185 of 2012, 7184 of 2012, 7186 of 2012, 7188 of 2012, 7187 of 2012, 7193 of 2012, 7173 of 2012 and 6547 of 2012.
The matter at dispute is in respect of the right to dispose of the property named „Saraswati Niketan Apartments‟ situated in Patna. The appellants-writ petitioners claim that they each have purchased a flat in the said „Saraswati Niketan Apartments‟ from the developer M/s. Magalam Homes Pvt. Ltd. and that they are the rightful owners in possession of the respective flats. The dispute is amongst the aforesaid M/s. Magalam Homes Pvt. Ltd. and one M/s. Anant Homes Pvt. Ltd. (hereinafter referred to as "M/s. Anant Homes"), the property developers. Both the developers claim that they had purchased development rights from the land owner one Bachchi Devi. The flats have been sold to individual buyers by M/s. Magalam Homes Pvt. Ltd. and also by aforesaid M/s. Anant Homes.
The question has arisen which set of purchasers are the genuine buyers and are entitled to the possession of the respective flats. M/s. Anant Homes has approached the Civil Court in Title Suit No.373 of 2010. The said suit is pending before the court of learned Sub-Judge-1, Patna. Pending the Title Suit, the above referred M/s. Anant Homes, and one Sangeeta Kumari and one Ajit Kumar, respondent Nos.5 and 6 in L.P.A. No.868 of 2013 arising from C.W.J.C. No.6547 of 2012 approached the Deputy Collector, Land Reforms, Patna (hereinafter referred to as the „D.C.L.R.‟), for declaration of title and restoration of possession under the Bihar Land Disputes Resolution Act, 2009 (hereinafter Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014 13/17 referred to as the "Act"). The D.C.L.R. rejected the applications on the premise that the applications involved contentious issues of title and possession. The said order was challenged before the Divisional Commissioner, Patna in B.L.D.R. Appeal Nos.210 of 2011 and 225 of 2011. By his judgment and order dated 6th March 2012, the Divisional Commissioner has allowed the said appeals. The Divisional Commissioner has upheld the claim of M/s. Anant Homes to be the genuine developer and the sale of the flats made by him. The Divisional Commissioner also directed that the possession of the respective flats be restored to the purchasers from M/s. Anant Homes.
Feeling aggrieved the appellants-writ petitioners preferred the above writ petitions. According to the appellants, they have purchased the respective flats from M/s. Magalam Homes Pvt. Ltd. and that they are lawfully put into possession of the respective flats. The Divisional Commissioner has made ex parte order of restoration of possession against the appellants.
The petitions were contested by the respective respondents. The learned single Judge has disposed of the writ petitions on the premise that the petitions under Article- 226 of the Constitution were not maintainable and that the writ petitioners had alternative remedy under the Act. Therefore, these Appeals.
We have heard the learned advocate Mr. Ashish Giri and other advocates appearing for the appellants and the learned advocates appearing for the respondents extensively.
Learned advocate Mr. Dinu Kumar appears for one Bachchi Devi, the owner of the land, as intervener in Letters Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014 14/17 Patent Appeal No.866 of 2013.
Learned advocate Mr. Chiranjiva Ranjan has appeared for respondent Nos. 5 and 6 in L.P.A. No.868 of 2013. He has submitted that in view of the order of the learned single Judge, M/s. Magalam Homes Pvt. Ltd. and one another had approached the Tribunal under the Act. The Tribunal has, under the judgment and order dated 7th May 2014, rejected the claim and has upheld the order of the Divisional Commissioner. Pursuant to the said direction, the respondents 6 and 7 have been restored the possession of flat No.B-204 purchased by them. The said Appeal, therefore, has been rendered infructuous.
Learned advocate Mr. D.K. Verma has appeared for M/s. Anant Homes. He has contested the Appeals and the claims made by the appellants. He has submitted that clause-(g) of Sub-section-(1) of Section-4 of the Act empowers the Deputy Collector of Land Reforms to entertain and decide the claims in respect of "declaration of the right of a person."
It is apparent that the order made by the Divisional Commissioner, Patna has an adverse effect upon the appellants. Any order of the Divisional Commissioner affecting the rights of the appellants could not have been made in absence of the appellants. The said ex-parte order, therefore, is ex facie unsustainable.
In our opinion, the entire proceeding is ill founded inasmuch as the Competent Authority (Deputy Collector, Land Reforms) has no authority under the Act to entertain and decide the contentious issues of title and possession. In fact, the Act applies only to the cases of enforcement of Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014 15/17 rights conferred by or accrued under the six enactments enlisted in Schedule-1 to the Act.
Recently, on 24th June 2014 this Bench had occasion to consider the scope, ambit and applicability of the Act. With respect to clause (g) of Sub-section-(1) of Section-4 The Bench has held, "clause (g) of Sub-section (1) of Section 4 of the Act of 2009 which provides for "Declaration of the right of a person" also requires to be read down. Again the right referred to in the said clause
(g) has to be a right conferred by or accrued under any of the aforesaid six enactments and none other. „A person‟ would mean an allottee/ a settlee of a land or a Raiyat as defined in clause (f) of Section 2 of the Act of 2009. No person other than an allottee/ a settlee or a Raiyat can have an access to the remedy under the Act of 2009. Clause (i) of Sub-section (1) of Section 4 of the Act of 2009 which refers to "construction of unauthorized structure" should also be read down to mean the construction of unauthorized structure on the land of a Raiyat allotted or settled under any of the above referred six enactments and no other land or structure."
We have also held Sub-section (4) of Section 4 of the Act to be arbitrary and ultra vires the Constitution of India. Similarly, we have read down Sub-section (5) of Section 4 of the Act in the following words:
"Sub-section (5) of Section 4 of the Act of 2009 empowers the Competent Authority to allow the parties to approach the Civil Court for adjudication of complex issues of title. Although the said Sub-section (5) is directory, should be read as mandatory. It shall be the Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014 16/17 duty of the Competent Authority to refer the complex issues of adjudication of title to the concerned Civil Court having jurisdiction to entertain and adjudicate such disputes. (Per CJ) In other words, the said phrase occurring in sub-section (5) of Section 4 of the Act of 2009 envisages that no sooner than a question of adjudication of title which is inherently a complex one is involved, the Competent Authority is required to invariably close the proceeding. The word „complex‟ has not been used in contradistinction to the word „simple‟.
In above view of the matter, I am of the considered opinion that Sub-section (5) of Section 4 of the Act of 2009 strictly forbids the Competent Authority to entertain matters involving questions of adjudication of title. I am of the view that the Competent Authority, irrespective of nature of cases involving issues of title, is bound to close the proceedings for want of jurisdiction and leave it open to the parties to seek remedies before the competent Civil Court." (Per Ashwani Kumar Singh, J) In view of the above precedent, we do not have to discuss the matter elaborately. We must hold that the entire exercise by the D.C.L.R., the Divisional Commissioner, Patna, the Tribunal and the learned single Judge was uncalled for.
For the aforesaid reasons, these Appeals are allowed. The common judgment and order dated 7th May 2013 passed by the learned single Judge in C.W.J.C. Nos. 7190 of 2012, 7191 of 2012, 7189 of 2012, 7185 of 2012, Patna High Court LPA No.632 of 2013 (19) dt.07-07-2014 17/17 7184 of 2012, 7186 of 2012, 7188 of 2012, 7187 of 2012, 7193 of 2012, 7173 of 2012 and 6547 of 2012 is set aside. The writ petitions are allowed. Judgment and order dated 6th March 2013 passed by the Divisional Commissioner, Patna in Appeal Nos. 210/11 and 225/11 is quashed and set aside.
Although we have held that the Competent Authority, the D.C.L.R., has no jurisdiction to entertain the civil disputes, since the applications made before the Competent Authority are dismissed on the grounds of the contentious issues raised in the applications, we do not disturb the said order. We clarify that the parties will be at liberty to avail of the remedy under the law.
Interlocutory applications stand disposed.
(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) K.C.Jha/-
U