Jharkhand High Court
Ritu Mistri S/O Late Laxman Mistri vs The State Of Jharkhand on 3 July, 2018
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1144 of 2013
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Ritu Mistri S/o Late Laxman Mistri, Permanent Resident of Village-Salagi (Jirwa Khurd), P.O.-Jabra, P.S.-Simaria, Distt-
Chatra Jharkhand, ... Petitioner
Versus
1. The State of Jharkhand.
2. The Deputy Commissioner, Chatra, P.O.-& P.S.-Chatra, Dist-Chatra, Jharkhand.
3. The Additional Collector, Chatra, P.O.-& P.S.-Chatra, Dist- Chatra, Jharkhand.
4. The Deputy Collector Land Reforms, Chatra, P.O.-& P.S.- Chatra, Dist-Chatra, Jharkhand.
5. The Circle Officer, Simaria, P.O.-& P.S.-Simaria, Dist- Chatra, Jharkhand.
6. Shankar Prajapati S/o Late Chetlal Prajapati, Permanent resident of village-Salagi (Jirwa Khurd), P.O.-Jabra, P.S.- Simaria, Dist-Chatra, Jharkhand, ... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : Mr. Pravin Kumar Rana, Advocate For the Respondent-State : Mr. Ashutosh Kumar Singh, A.C to S.C (Mines) For the respondent No. 6 : Mr. Suraj Kumar, Advocate
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04/03.07.2018 The respondent no. 6 appears through Mr. Suraj Kumar, the learned counsel.
2. The respondent-State is represented through Mr. Ashutosh Kumar Singh, the learned counsel.
3. The petitioner is aggrieved of issuance of Basgit Parcha by the Circle Officer, Simaria in B.P.H.T Case No. 01 of 2007-08 to the respondent no. 6 in respect of the land comprised under Khata No. 39 within Khesra No. 1307, admeasuring about 0.10 acres.
4. Stand taken by the petitioner is that the land in question was provided by him to the respondent no. 6 for a short period, however, by manipulation the respondent no. 6 has got Basgit Parcha issued in his name. Further plea taken by the petitioner is that no notice was served upon him.
5. Raising a preliminary objection to the 2 maintainability of the writ petition, Mr. Suraj Kumar, the learned counsel for respondent no. 6 submits that the plea, which has been raised by the petitioner for maintaining the writ petition, can very well be adjudicated by the Collector under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947.
6. Under Section 21 of Bihar Privileged Persons Homestead Tenancy Act, 1947 the Collector of the district may, on his own or on the application of any party or on reference made by any sub-ordinate authority, call for and examine record of any case for satisfying himself as to the regularity of the proceeding or to the correctness, legality or propriety of an order passed by any authority. Apparently, wide powers have been conferred upon the Collector under Section 21 of Bihar Privileged Persons Homestead Tenancy Act, 1947.
7. In view of an efficacious remedy of appeal to the petitioner for filing an application challenging issuance of Basgit Parcha in favour of respondent no. 6, this writ petition is held not maintainable at this stage and accordingly, it is dismissed. However, a liberty is reserved with the petitioner to prefer an appeal under Section 21 of Bihar Privileged Persons Homestead Tenancy Act, 1947, within a period of eight weeks.
8. The writ petition stands disposed of.
(Shree Chandrashekhar, J.) Amit/