Patna High Court - Orders
Md. Kalam, vs The State Of Bihar on 8 July, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13329 of 2019
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Md. Kalam, ... ... Petitioner
Versus
The State of Bihar & Ors. ... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Nadimul Hasan
For the Respondent/s : Mr.Rishi Raj Sinha (Sc19)
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
3 08-07-2019The petitioner claims to be the landholder of the land appertaining to new Plot No. 2156 under Khata No.9 and new Plot No. 2159 under Khata No. 1273, situated at Mouza Laualagan in the district of Madhepura. It is his grievance that the land has been settled in favour of respondents No. 5 and 6 in a proceeding under the Bihar Privileged Persons Homestead Tenancy Act, 1947, without following due procedure and without giving him an opportunity of hearing.
By the impugned order dated 07.05.2018, learned Member (Judicial), Bihar Land Tribunal, passed in B.L.T. Case No. 137 of 2018, has affirmed the order passed by the Collector, Madhepura, in Basgit Parcha Case No. 21 of 2014.
Learned counsel appearing on behalf of the petitioner has, referring to the impugned order of the Tribunal, submitted that learned Member has presumed petitioner's knowledge about issuance of basgit parcha in favour of the private Patna High Court CWJC No.13329 of 2019(3) dt.08-07-2019 2/2 respondents, as they were neighbours, and, therefore, a parcha, issued in the year 2003, should not have been cancelled in 2014. The question, which remains to be looked into is, whether the basgit parcha was issued in accordance with the provisions of the Act or not, which aspect has not been adjudicated upon by the Tribunal.
Issue notice to the respondent Nos. 5 and 6 both by registered post with A/d as well as by ordinary process, for which requisites etc. must be filed within one week, failing which this application shall stand rejected as against the concerned parties without any further reference to the Bench.
List this case on 26.08.2019.
Counter affidavit must also be filed in the meanwhile on behalf of the State respondents.
(Chakradhari Sharan Singh, J) Pawan/-
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