Hare Krishna Ram And Ors vs The State Of Bihar And Ors
2021 Latest Caselaw 1121 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.22206 of 2018
     ======================================================

1. Hare Krishna Ram and Ors Son of Late Dukhi Ram Resident of village-

Rajpur, P.s. - Kanauli, Distt. Supaul

2. Mahendra Paswan @ mahender Pasavan, Son of Sri Punit Paswan @ Punit Pasavan Resident of village - Rajpur, P.s.- Kanauli, Distt. Supaul

3. Dinesh Paswan, Son of Late Bhubneshwar Paswan Resident of village Rajpur, P.s. Kanauli, Distt. Supaul

4. md. Hasarat Miya @ hasmat Miya Son of Sunar Miya Resident of village Mjhari, P.s. Nirmali, Distt. Supaul

5. Mukti Sada Son of Swarath Sada Resident of village Haripur, P.s. Nirmali, Distt. Supaul

6. Taitar Sharma @ Tetar Sharma Son of Nathuni Sharma Resident of village -

Majhari, P.s. Nirmali, Distt. Supaul

7. Ramchalitar Ram @ Ram Charitra Ram Son of Nanda Ram Resident of village- Majhari, P.s. - Nirmali, Distt. Supaul

8. Lal Chand Sada @ Lalkun Sada Son of Mahaveer Sada @ Mahavir Sada Resident of village - mahua, p.s. - Nirmali, District - Supaul

9. Jayram Mahto @ Jairam Mahto Son of Devnarayan Mahto Resident of vilalge - majhari, P.s. Nirmali, Distt. Supaul

10. Bane lal Sada Son of Mahaveer Sada @ Mahavir Sada Resident of village -

Mahua, P.s.

11. Chandesar Sada Son of Dhanik Sada Resident of village Mahua P.s. Nirmali, Distt. Supaul

12. Surya Narayan Mallik @ Suryanarayan Mallik Son of Yugeshwar Dom Resident of village - Majhari, P.s. - nirmali, Distt. Supaul

13. Shree Lal Ram Son of Nathar Ram Resident of village- Mahua, P.s. Nirmali, Distt. Sauapul

14. Rambilas Thakur @ Ram Vilash Thakur Son of Sah Dev Thakur Resident of village - Majhari, P.s. Nirmali, Distt. Supaul

15. Mahendra yadav Son of Bhaiji Yadav Resident of village Majhari, P.S. Nirmali, Distt. Supaul

16. Sahadev Sharma Son of Kailu Sharma Resident of village Majhari, P.S. -

Nirmali, Distt. Supaul

17. Radhe Jha Son of Debu Jha Resident of vilalge Majhari, P.S. Nirmali, Distt. Supaul

18. Ranju Devi Wife of Jai Narayan Jha Resident of village Majhari, P.s. Nirmali, Distt. Supaul

19. Muneshwari Devi Wife of Gajadhar Ram Resident of village mahua, P.S. -

Nirmali, Distt. Supaul

20. Ram bahadur Sada @ Bahadur Sada Son of Sudin Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul Patna High Court CWJC No.22206 of 2018 dt.23-02-2021

21. Rameshwar Sada Son of Gonar Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul

22. Surya Narayan mandal Son of Sundar Mandal Resident of village Majhari, P.S. Nirmali, Distt. Supaul

23. Uttimal mandal @ Uttim lal Mandal Son of Neman Mandal Resident of village Majhari, P.S. Nirmali, Distt. Supaul

24. Ram Ratan Ram Son of Sukh Dev Ram Resident of village Majhari, P.S. Nirmali, Distt. Supaul

25. Ram Autar Sharma Son of Kailu Sharma Resident of village Majhari, P.S. Nirmali, Distt. Supaul

26. Md. Wasil Son of Md. Liyasat Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

27. Ganesi Ram Son of Dhauli Ram Resident of village Majhari, P.S. Nirmali, Distt. Supaul

28. Panchu Mochi Ram @ Mochi Ram Son of Dukhan Ram Resident of village Majhari, P.S. Nirmali, Distt. Supaul

29. Digambar Sada Son of Mahaveer Sada @ Mahavir Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul

30. Md. Kifayat Miya Son of Amoli Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

31. Kailu Sada Son of Amoli Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

32. Md. Asin Son of safik Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

33. md. Tajamul Sonof Chhedi Miyan Resident of village Majhari, P.S. Nirmali, Distt. Supaul

34. Vivi Julekha Khatun @ Julekha Khatun Wife of Faramud Miya Resident of village Majhari, P.S.. Nirmali, Distt. Supaul

35. Durga nand Ram @ Durga Dutt Mochi Son of Bhalo Ram @ Bhala Ram @ Jhallar Mochi Resident of village Majhari, P.S. Nirmali, Distt. Supaul

36. Ram Deo Sada Son of Dhanik lal Sada @ Dhanik Sda Resident of village Majhari, P.S. Nirmali, Distt. Supaul

37. mastufa Son of Sukhay @ Sukhi Miya Resident of village Majhari, p.s. Nirmali, Distt. Supaul

38. Ramu Sharma Son of Kapleshwar Sharma Resident of village Majhari, P.S. Nirmali, Distt. Supaul

39. Md. Ramjan Son of Md. Nabibaks @ Fuchai Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

40. Luchai Miyan son of Nathuni Miyan Resident of village Majhari, P.S. Nirmali, Distt. Supaul

41. Satya Narayan Mandal Son of Munni Lal Mandal @ Munni Lal Mukhiya Resident of village Majhari, p.s. Nirmali, Distt. Supaul

42. Dorik Sada Son of Nathan Sada @ Nathar Sada Resident of village Majhari, Patna High Court CWJC No.22206 of 2018 dt.23-02-2021

P.S. Nirmali, Distt. Supaul

43. Md. Oli Miya Son of Nothani Miya @ Nathani Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

44. md. Hadish Miya Son of Nothani Miya @ Nathani Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

45. Bibi Meharun Khatun Wife of Doma Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

46. Bechan Thakur son of Mugalal Thakur Resident of village Majhari, P.S. Nirmali, Distt. Supaul

47. Uttim lal Ram son of Rameshwar Ram @ Rameshwar Mochi Resident of village Majhari, P.S.. Nirmali, Distt. Supaul

48. Subodh Sada Son of Garib Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul

49. Kailash Mukhiya Son of Bhagwat Mukhiya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

50. Ravi Sharma Son of Sukhdev Sharma Resident of village Majhari, P.S. Nirmali, Distt. Supaul

51. Kari Sharma Son of Jholi Sharma Resident of village Majhari, P.S. Nirmali, Distt. Supaul

52. Ali Sher Miya Son of Md. Ramjan Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

53. Jagli Sada Son of Jotahu Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul

54. Vinda Sada @ Binda Sada Son of Chuthru Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul

55. md. Islam Miya @ Md. Islam Son of Uttim Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

56. Murahi Devi Wife of Badri Ram Resident of village Majhari, P.S. Nirmali, Distt. Supaul

57. Kailu Sharma son of Late Pyare Sharma Resident of village Majhari, P.S. Nirmali, Distt. Supaul

58. Yogendra Ram Son of Late Pyare Sharma Resident of village Majhari, P.S. Nirmali, Distt. Supaul

59. Md. Shamsul Miya Son of Thidhar Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

60. Bashar Sada Son of Bhalu Sada Resident of village Majhari, P.S. Nirmali, Distt. Supaul

61. Md. Jamiruddin Son of Md. hadish Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

62. Md. Arjun Miya @ Md. Arjun Son of md. Suvaram Miya @ Sundar Miya Resident of village Majhari, P.S. Nirmali, Distt. Supaul

... ... Petitioners Versus Patna High Court CWJC No.22206 of 2018 dt.23-02-2021

1. The State Of Bihar.

2. The District Magistrate -cum Collector, Supaul

3. The Additional Collector, Supaul

4. The Sub-Divisional Officer, Nirmali, District - Supaul

5. The Circle Officer, Nirmali, District - Supaul

6. Gahendra Narayan Singh Son of Late Ved Narayan Singh Resident of village

- Birpur,P.S.. - Birpur, Distt. Supaul

... ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Manish Kumar No 13 Mr. Rohit Kumar, Advocates For the Respondents : Mr. Subash Chandra Yadav -GP15 Mr. Rakesh Kumar Srivastava, AC to GP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 23-02-2021

Heard learned counsel appearing on behalf of the

petitioners and learned counsel appearing on behalf of the State.

Petitioners are aggrieved by the order dated

17.01.2015 passed by the Collector, Supaul in Miscellaneous

Ceiling Case No. 40 of 2001 as contained in Annexure-6 and

also the order of the Bihar Land Tribunal, Patna dated

13.07.2017 as contained in Annexure-2.

The Collector was helpless as he has to comply with

the direction of this Court dated 16.03.1999 issued in CWJC

No.1581 of 1989 (Annexure-4). The Hon'ble Court, on

consideration of the materials on record, came to a finding that

the action of the Collector in not cancelling the provisional

Purcha issued in favour of the purcha-holder is illegal and Patna High Court CWJC No.22206 of 2018 dt.23-02-2021

arbitrary and the writ application was allowed in favour of the

writ petitioners. The relevant part of the order dated 16 th of

March, 1999 is quoted hereinbelow:-

"12. Therefore, in my view, in the background of the facts, stated above, it is highly unjust and improper on the part of the Collector to reject the petition under section 37 of the Act, which was filed for withdrawal of the Purchas. Accordingly, I set aside the impugned order and allow the writ application with a direction to the Collector to withdraw such provisional Purchas, which were granted with respect to the lands of the petitioners. However, in the facts and circumstances, there shall be no order as to costs."

Since the Collector was helpless in a situation where

the land acquired and distributed was found to be illegal by the

respondents and they have cancelled the acquisition vide

District Gazette dated 27.11.1985 and once the foundation of

issuance of Purcha goes, there was absolutely no occasion for

the Collector to allow the purcha-holder to continue and retain

the land on the strength of issuance of Purcha. The decision of

the Collector was assailed before the Bihar Land Tribunal and

the Tribunal realizing the fact that the mandamus was issued by

this Court vide Annexure-4, the Collector has passed the order

in compliance of the direction of the Tribunal and the Tribunal

has not found fault with the order of the Collector.

Learned counsel appearing on behalf of the

petitioners would submit that the petitioners are continuing over Patna High Court CWJC No.22206 of 2018 dt.23-02-2021

the land in question on the basis of the provisional Purcha and

mutation of their name over the land in question and they have

not been heard by the respondent-Collector before passsing

order contained in Annexure-6. Since the foundation of issuance

of Purcha goes on account of cancellation of acquisition of land

by the Gazette Notification published in the District Gazette, the

consequential action on account of the acquisition of land also

goes and in the aforesaid background when this Court has issued

direction to the Collector, the Court does not find any infirmity

in the decision of the Collector contained in Annexure-6.

So far as the grievance of the petitioners that their

family members would be displaced as a result of Annexure-6

and they are landless people and they are required to be be

rehabilitated at any other suitable alternative place by the

Collector is concerned, the Court, in order to do justice to the

petitioners, disposes of the writ application with liberty to the

petitioners to approach the Collector, Supaul to explore the

possibility of providing another land for rehabilitation of these

petitioners who are landless people. Necessary decision on the

representation filed by the petitioners shall be taken by the

Collector, Supaul within a period of six months from the date of

receipt of a copy of this order.

Patna High Court CWJC No.22206 of 2018 dt.23-02-2021

With the aforesaid, the present writ application stands

disposed of.

(Anil Kumar Upadhyay, J) BT/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          25.02.2021
Transmission Date       N.A.