Patna High Court - Orders
Veena Devi vs The State Of Bihar on 25 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.30 of 2022
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Veena Devi W/o Hri Shankar Upadhyay Resident of Village and Post -
Mainpura, P.S. - Ara Muffasil, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Government of Bihar.
2. The District Magistrate, District- Bhojpur.
3. The Sub Divisional Officer, Ara Sadar, District- Bhojpur.
4. The Circle Officer, Ara Sadar, District- Bhojpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Adv.
For the Respondent/s : Mr.Rishi Raj Sinha, SC XIX
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL ORDER
2 25-03-2022Heard the parties.
The case is being taken-up from defect side. Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.
By way of this petition the petitioner has prayed as under :
I. For directing the respondents to supply/provide certified copy of Basgit Parcha and of the entire case record of Bihar Privileged Persons Homestead Tenancy Case No. 01 of 2017-18 (hereinafter referred as B.P.H.T. Case N o. 01 of 2017-18), in which final order was passed by respondent No. 4, wherein and where under Basgit Parcha was issued Patna High Court CWJC No.30 of 2022(2) dt.25-03-2022 2/2 in relatino of 0.6 and 0.3 decimal of land of the petitioner in favour of Dasrath Ram and Ramnath Ram respectively.
II. For other relief/reliefs for which the petitioner sound entitled to.
Learned counsel for the respondents has pointed out that the District Magistrate/Collector, Bhojpur at Ara, would have an exclusive jurisdiction with regard to the matters relating to the granting of certified copies of Basgit Parcha and relating to the dispute which has been raised by the petitioner and the other party in relation to issuing Basgit Parcha. The demand of certified copies of Basgit Parcha along with final order is to be attested by the District Magistrate/Collector and would not fall within the judicial review power under Article 226 of the Constitution.
The writ petition is only misconceived. It a proper application is moved before the concerned District Magistrate/Collector, he shall examine the same and pass order on it within a period of one month thereto.
With the aforesaid observations, the present writ petition is disposed of.
(Sanjeev Prakash Sharma, J) Shamshad/-
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