Patna High Court - Orders
Dashrath Mandal vs The State Of Bihar on 25 April, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12226 of 2022
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1. Dashrath Mandal S/o Late Jatu Mandal @ Late Jattu Mandal @ Late Jaithu
Mandal @ Late Jat Mandal Resident of Village- Ganeshpur, P.S. and
Anchal- Puraini, District- Madhepura.
2. Vakil Mandal S/o Late Jatu Mandal @ Late Jattu Mandal @ Late Jaithu
Mandal @ Late Jat Mandal Resident of Village- Ganeshpur, P.S. and
Anchal- Puraini, District- Madhepura.
3. Mahendra Mandal S/o Late Jatu Mandal @ Late Jattu Mandal @ Late Jaithu
Mandal @ Late Jat Mandal Resident of Village- Ganeshpur, P.S. and
Anchal- Puraini, District- Madhepura.
4. Rajo Mandal S/o Late Jatu Mandal @ Late Jattu Mandal @ Late Jaithu
Mandal @ Late Jat Mandal Resident of Village- Ganeshpur, P.S. and
Anchal- Puraini, District- Madhepura.
5. Shyamvati Devi W/o Late Manoj Mandal Resident of Village- Ganeshpur,
P.S. and Anchal- Puraini, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Government of Bihar, Patna.
2. The District Magistrate, Madhepura.
3. The D.C.L.R., Udakishunganj, District- Madhepura.
4. The Circle Officer, Puraini, District- Madhepura.
5. Bhuna Singh @ Pagal Mandal S/o Saryug Singh Resident of Village-
Ganeshpur (Akhera Chowk to Aurai Road near Moti Yadav Basa), P.S.- and
Anchal- Puraini, District- Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha, SC-19
Mr. Kumar Rajeev, Advocate
Mr. Prankaj Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 25-04-2023Heard learned counsel for the parties.
Pursuant to the order dated 18.4.2023, the Circle Officers of both Chausa and Puraini in District-Madhepura have appeared in person. The Circle Officer, Puraini has produced the Patna High Court CWJC No.12226 of 2022(6) dt.25-04-2023 2/3 register of Basgit Parcha of Mauza- Ganeshpur. From perusal of the register, it transpires that basgit parcha has been issued with respect to 2 decimals of land appertaining to Khata no.146, Khesra no.1843 in favour of respondent no.5 in connection with Basgit Case no.36 of 1993-94.
It is the case of the petitioner that pursuant to his filing of Basgit Parcha Revision Case no.44 of 2017 before the Collector-cum-District Magistrate, Madhepura, a report was called for from the Deputy Collector Land Reforms (D.C.L.R.) which was an ex-parte report. Based on the contents of the said report, the order dated 9.6.2020 (Annexure-4) has been passed by the Collector as also the judgment dated 30.6.2022 by the Member (Judicial), Bihar Land Tribunal, Patna.
Let the petitioner file all the petitions/affidavits filed by all the parties before the Collector in Basgit Parcha Revision Case no.44 of 2017 as also by all the parties in B.L.T. Case no.168 of 2020 by way of a further supplementary affidavit within a period of three weeks.
Also call for the original records of B.L.T. Case no.168 of 2020 disposed of on 30.6.2022 by the learned Member (Judicial), Bihar Land Tribunal, Patna. The record should reach this Court within three weeks. Patna High Court CWJC No.12226 of 2022(6) dt.25-04-2023 3/3 Put up this case after four weeks.
The appearance of both the Circle Officers of Chausa and Puraini in the District-Madhepura is dispensed with.
(Partha Sarthy, J) Shiv/-
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