Patna High Court
Narayan Pandey vs The State Of Bihar And Ors on 4 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.354 of 2019
In
Civil Writ Jurisdiction Case No.1953 of 2019
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Narayan Pandey, Son of Late Kailashpati Pandey, Resident of Village-
Dhankutwas, P.S.-Balthar, Anchal-Sikta, District-West Champaran.
... ... Appellant/s
Versus
1. The State of Bihar through the Secretary, Department of Land Reforms,
Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The Deputy Collector, Land Reforms, Narkatlyaganj, West Champaran.
4. Jhagaru Pawan, Son of Late Butai Paswan, resident of Village- South
Dhankutwa, P.S. Balthar, Anchal- Sikta, District- West Champaran.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Manoj Kumar
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 04-02-2021
Heard the parties.
Being aggrieved by judgment and order dated
04.02.2019 passed in C.W.J.C. No. 1953 of 2019 passed by
learned Single Judge dismissing the writ petition
appellant/petitioner has preferred this LPA.
Briefly stated, the facts of the case is that petitioner
had filed an application under Section 4 (G) and (H) under
Bihar Land Dispute Redressal Act for demarcation of his land
Patna High Court L.P.A No.354 of 2019 dt.04-02-2021
appertaining to Khata No. 393, Plot No. 2355 measuring 5
Katha 19 dhoors and Khata No. 394, Plot No. 2034 measuring 4
Katha situated in village Dhankutwas, P.S. Balthar, Narkatiaganj
District- West Champaran which was rejected by D.C.L.R.
Narkatiaganj, West Champaran by his order dated 12.02.2013 as
the land has been recorded as Gairmazarua Malik and court of
D.C.L.R. cannot declare title over such lands and in garb of
demarcation case appellant/petitioner wants his title to be
declared over disputed land.
Appellant/petitioner preferred appeal before the
Commissioner, Tirhut Division, Muzaffarpur, which was
dismissed by order dated 26.02.2015 passed in B.L.D.R. Appeal
No. 289/13 against which appellant/petitioner approached Bihar
Land Tribunal, Patna in B.L.T. Case No. 749 of 2015 which was
dismissed on 05.09.2018 on the ground that in view of nature of
dispute involving question of title, the jurisdiction under the
B.L.D.R Act stand ousted in view of law laid down by Hon'ble
Patna High Court by order dated 31.07.2018 passed in C.W.J.C.
No. 1091 of 2013 (Maheshwar Mandal Vs. State of Bihar) and
granted liberty to appellant/petitioner to approach the competent
civil court for establishing his right, title and interest over the
land in dispute.
Patna High Court L.P.A No.354 of 2019 dt.04-02-2021
Appellant/petitioner filed writ petition being
C.W.J.C. No. 1953 of 2018 against the order dated 05.09.2018
passed by learned Bihar Land Tribunal, Patna in B.L.T. Case
No. 749 of 2015 which was dismissed by the learned Single
Judge and judgment and order passed by the B.L.T. was
affirmed.
This Court does not find any error or infirmity in the
order passed by the learned Single Judge requiring any
interference by this Court, accordingly this L.P.A. is dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
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