Document Fragment View
Fragment Information
Showing contexts for: basgit parcha in Sakaldeep Paswan vs The State Of Bihar on 21 January, 2020Matching Fragments
5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds substance in the contentions of learned counsel for the petitioner. The Tribunal having remanded the matter to the Court of Circle Officer, Alamnagar, and setting aside of the order passed in favour of the petitioner for issuance of Basgit Parcha and the order of the Collector, Madhepura, in effect issuance of such Basgit Parcha in his favour itself goes. Thus, without there being Patna High Court CWJC No.1307 of 2020 dt.21-01-2020 an indication for the Circle Officer, Alamnagar to pass consequential orders based on such spot verification, there is scope of confusion in the mind of the authorities, with regard to what may be required for compliance of the order of the Tribunal. From the records, it appears that pursuant to such remand, the Anchal Adhikari had called for a report from the local Amin who has also reported in favour of the petitioner but no fresh orders are being passed by the authorities with regard to Basgit Parcha issued earlier to the petitioner.
6. In view thereof, the writ petition stands disposed off clarifying the order of the Tribunal dated 15.11.2019 passed in BLT Case No. 545 of 2018, to the extent that the order of remand to the Circle Officer, Alamnagar, for spot verification be followed by appropriate consequential orders with regard to issuance of Basgit Parcha to the petitioner. The exercise be completed, if already not done, latest within a period of six weeks from the date of production of a copy of this order on the respondent no. 3.
7. In the meantime, the petitioner shall not be dispossessed from the land for which earlier Basgit Parcha was issued to him in Basgit Parcha Case No. 66 of 2013-14. Patna High Court CWJC No.1307 of 2020 dt.21-01-2020
8. The Court would only indicate that before passing final orders, the respondent no. 4, who is petitioner before the Tribunal shall also be noticed and heard.