Ajit Kumar Singh vs The State Of Bihar on 30 October, 2023

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Patna High Court - Orders

Ajit Kumar Singh vs The State Of Bihar on 30 October, 2023

Bench: Prabhat Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4915 of 2020
                 ======================================================
                 Ajit Kumar Singh Son of Kusheshwar Singh, Resident of Village-Sadpur
                 Rajvara, P.S.-Rautara, District-Katihar.
                                                                            ... ... Petitioner
                                                      Versus
           1.     The State of Bihar through the Principal Secretary, Revenue and Land
                  Reforms Department, Old Secretariat, Patna.
           2.    The Commissioner, Muzaffarpur Division, Muzaffarpur.
           3.    The District Magistrate, Vaishali at Hajipur.
           4.    The Deputy Collector Land Reforms, Vaishali at Hajipur.
           5.    The Sub Divisional Officer, Sub Division Mahnar, District Vaishali.
           6.    The Circle Officer, Circle-Mahnar, District Vaishali.
           7.    The Revenue Karamchari, Paharpur Bishunpur Circle-Mahnar, District
                 Vaishali.
           8.     Loha Paswan, Son of Jagdish Paswan, R/o of Village Paharpur Bishunpur,
                  P.O.-Mahnar, District Vaishali.
                                                                       ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Chandra Bhushan Verma, Advocate
                 For the Respondent/s   :       Mr. Sajid Salim Khan (Sc25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-10-2023

Heard learned counsel for the parties.

2. This writ application has been filed for quashing the Basgit parcha which has been issued in favour of the respondent No. 8 by the concerned respondent authorities.

3. It is the contention of the petitioner that the land in question situated as Mauza Paharpur Bishunpur Thana Hajipur Police Line Mahnar, Khata No. 9, Khesra No. 1381 area three decimal, District Vaishali is the Khatiyani land of grandfather of the petitioner. Grandfather of the petitioner namely Amirchand Singh got the land through Raiyati Khatiyani and after his death, petitioner is paying rent of the aforesaid land. He Patna High Court CWJC No.4915 of 2020(2) dt.30-10-2023 2/2 further submits that on 20.12.2019 the concerned respondent authorities have given Basgit parcha of three decimal land in Khesra No. 1381 to the respondent No. 8 which is without any land acquisition proceeding and without the consent of the grandfather of the petitioner. In this regard petitioner has also filed a representation to the respondent authority to cancel the Basgit parcha the three decimal land which has been issued in favour of the respondent No. 8.

4. On the other hand, learned counsel for the State opposes the prayer and submits that it is a dispute between private parties with regard to property rights, which is purely a civil dispute for which a regular suit in a competent civil court is the only remedy.

5. Considering the rival submissions of parties and nature of dispute raised by the parties, such disputes are required to be adjudicated on facts and evidences. The factual controversy cannot be adjudicated by High Court in a writ petition.

6. This writ application is, accordingly, dismissed.

(Prabhat Kumar Singh, J) Navya/-

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Patna High Court - Orders