Smt. Rekha Devi & Ors vs The State Of Bihar & Ors on 18 January, 2016

[Cites 1, Cited by 6]

Patna High Court

Smt. Rekha Devi & Ors vs The State Of Bihar & Ors on 18 January, 2016

Bench: Kishore Kumar Mandal

        IN THE HIGH COURT OF JUDICATURE AT PATNA

                  Civil Writ Jurisdiction Case No.5630 of 2012
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1. Smt. Rekha Devi, W/O Sri Kishundeo Mahton, Resident of Village Shadipur,
   P.S. Sahebpur Kamal, District Begusarai.
2. Smt. Manju Devi, W/O Sri Kamli Mahton, Resident of Village Shadipur, P.S.
   Sahebpur Kamal, District Begusarai.
3. Charitra Mahton, S/O Late Bateshwar Mahton, Resident of Village Kisanpur,
   P.S. Balia, District Begusarai.

                                                         .... ....   Petitioner/s
                                  Versus
1. The State of Bihar.
2. Deputy Collector Land Reforms, Balia, Begusarai.
3. The Commissioner, Munger Division, Munger.
4. Bhuneshwar Mochi, S/O Chandi Mochi, Resident of Village Shadipur, P.S.
   Sahebpur Kamal, District Begusarai.
5. Kishundeo Mahton, S/O Singh Mahton, Resident of Village Shadipur, P.S.
   Sahebpur Kamal, District Begusarai.
6. Kamli Mahton, S/O Parmeshwar Mahton, Resident of Village Shadipur, P.S.
   Sahebpur Kamal, District Begusarai.

                                                      .... .... Respondent/s
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Appearance :
For the Petitioners    : Mr. Shailendra Kumar Sinha, Advocate
For Respondents 4 to 6 : Mr. Raj Dular Sah, Advocate
For the State          : Mr. Prabhakar Tekriwal, GA-1
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL
ORAL JUDGMENT
Date: 18-01-2016

                         Heard Mr. Shailendra Kumar Sinha for the

     petitioners, Mr. Raj Dular Sah for the private respondents as well as

     counsel for the State.

                         Parties have exchanged pleadings.

                         Order under challenge was passed by the

     respondent Divisional Commissioner, Munger Division, Munger on

     20.09.2011

whereby Misc. Petition No. 68/2011 filed by the Patna High Court CWJC No.5630 of 2012 dt.18-01-2016 2/3 petitioners for restoration of L.A. No. 42/2011 was dismissed. L.A. No. 42/2011 filed by the petitioner against the order dated 09.08.2011, passed by the respondent D.C.L.R. in Land Dispute Resolution Case No. 03/2009-10 was dismissed for want of prosecution. Petitioners filed restoration petition, which was again dismissed as no one appeared on call to press the same. This was the first day when the case was taken up.

The relevant facts would not be noticed in detail. The private respondents approached the D.C.L.R. for declaring possession of the writ petitioners as illegal and to get the possession over the land. They claimed the land having been settled with them by the respondents under the Bhudan Yagna Committee Act, 1954. The same was contested by the petitioners. The case of the petitioners is that the said land appertaining to Tauzi No. 627 was purchased by them or their ancestor in 1950 from Jai Govind Lal. Jai Govind Lal had donated land in 1954 under Tauzi No. 10109 in favour of Yagna Committee. The land, which is claimed by private respondents herein, falls under Tauzi No. 10109. The purchasers were not initially impleaded in the proceeding before the D.C.L.R. Having come to know about the order the appeal was filed which, however, was dismissed on account of non-appearance of the counsel.

Mr. Sinha has urged that in the interest of justice Patna High Court CWJC No.5630 of 2012 dt.18-01-2016 3/3 the appeal be restored and directed to be heard on merit. No party shall be prejudiced if a lis before the court is heard and decided on merit.

State Respondent in the counter affidavit has enclosed the order passed by the Divisional Commissioner (Annexure-A) which reads as under :

"D.D. 23.08.2011 Dismissed."

In my considered view, the cause of justice shall subserve if the consideration and disposal of the appeal on its own merit is directed. Accordingly, the order dated 20.09.2011, passed by the Divisional Commissioner in Misc. Petition No. 68/2011 is set aside. The appeal being L.A. No. 42/2011 is restored on the file of the Divisional Commissioner for disposal in accordance with law.

Let it be noted that both the parties have undertaken to produce the order before the respondent Divisional Commissioner enabling the court/ authority to proceed and dispose of the pending appeal on his file expeditiously.

The writ application is, accordingly, allowed. (Kishore Kumar Mandal, J) Rajesh/-

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