Patna High Court
Alimuddin vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6424 of 2020
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Alimuddin Son of Late Md. Kantu Resident of Village- Birnea Tola, P.S.-
Bahadurganj, District- Kishanganj- 855101.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Kishanganj.
2. The District Magistrate, Kishanganj.
3. The Deputy Collector Land Reforms, District- Kishanganj.
4. The Sub Divisional Officer, Sub Division- Kishanganj, District-
Kishanganj.
5. The Circle Officer, Bahadurganj, District- Kishanganj.
6. The Officer-in- Charge, Bahadurganj Police Station, District- Kishanganj.
7. Sulindar Sharma son of Late Banarsi Sharma Resident of Village-
Bahadurganj, Main Road Registry Office, Ward No. 7 (Nagar Panchayat),
P.S.- Bahadurganj, District- Kishanganj.
8. Sandhya Devi Wife of Late Ram Vilas Sharma Resident of Village-
Bahadurganj, Main Road Registry Office, Ward No. 7 (Nagar Panchayat),
P.S.- Bahadurganj, District- Kishanganj.
9. Pappu Sharma son of Late Ram Vilas Sharma Resident of Village-
Bahadurganj, Main Road Registry Office, Ward No. 7 (Nagar Panchayat),
P.S.- Bahadurganj, District- Kishanganj.
10. Jittu Sharma son ofLate Ram Vilas Sharma Resident of Village-
Bahadurganj, Main Road Registry Office, Ward No. 7 (Nagar Panchayat),
P.S.- Bahadurganj, District- Kishanganj.
11. Geeta Sharma wife of Pappu Sharma Resident of Village- Bahadurganj,
Main Road Registry Office, Ward No. 7 (Nagar Panchayat), P.S.-
Bahadurganj, District- Kishanganj.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Advocate
For the Respondent/s: Mr. Rishi Raj Sinha, SC-19
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 29-11-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents. Learned counsel for the petitioner
hereby undertakes to remove all defects pointed out by the Stamp
Patna High Court CWJC No.6424 of 2020 dt.29-11-2021
Reporter as and when required. It is accordingly directed that all
defects pointed out by the Stamp Reporter be removed within one
month hereof.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition -
"(I) Issuance of writs in the nature of mandamus,
commanding the respondents especially respondent no. 3
to give effect to its own order dated 10.10.2013 and the
order passed in Land Dispute Appeal No. 55 of 2014 dated
17.05.2017 passed by the Commissioner, Purnea Division,
Purnea and remove the illegal occupation/nuisance of the
Private Respondents from the land situated in Mauza-
Bahadurganj, Revenue Thana No. 359, Bahadurganj
within District- Kishanganj bearing plot no. 441 of Khata
No. 50 of village- Bvirnea Tola Sameshsar, Circle Office-
Bahadurganj.
(II) Issuance of writ or writs in the nature of mandamus,
cdirecting the respondent no. 3 to accept the Registration
of Miscellaneous Case approached by the petitioner to be
filed before the respondent no. 3 but the office refused to
accept the same and has denied the claim of the petitioner
of issuing direction for removal of illegal
occupation/nuisance of the private respondents.
(III) For issuance of writ or writs of MANDAMUS,
commanding the respondent no. 3 to get the illegal
occupation/nuisance of the private respondents removed
through himself or through any other Officer of the
encroachers after passing an Order under Section 15 of
Patna High Court CWJC No.6424 of 2020 dt.29-11-2021
the 2009 Act within a time framed and enforece the same
as per the provision of Law under the Act.
(IV) Issuance of such other direction or direction to the
respondents authorities to take appropriate punitive
action against the private respondents and hand over
peaceful possession of the landed property as described
above to the petitioner in terms of the Order dated
10.10.2013 passed by D.C.L.R., Kishanganj (respondent
no. 3) affirmed by the Commissioner, Purnea Division,
Purnea by Order dated 17.05.2017 passed in Land
Dispute Appeal No. 55 of 2014.
(V) Grant such other relief/reliefs as your Lordships may
deem fit and proper."
3. Learned counsel for the petitioner specifically
presses prayer no. (II) and submits that despite the order dated
10.10.2013 in B.L.D.R. Case No. 35/2013-14 (Annexure-4) having
been passed by the D.CL.R., Kishanganj in favour of the petitioner
by directing the private respondents to remove the encroachments
on the subject land, and that Land Dispute Appeal No. 55 of 2014
filed by the opposite party having been dismissed for default, the
land in question continues to be encroached. The petitioner has
filed a miscellaneous application under Section 15 of the Bihar Land
Disputes Resolution Act, 2009 before the D.C.L.R., Kishanganj on
20.08.2019 (Annexure-6) for giving effect to the aforesaid order
Patna High Court CWJC No.6424 of 2020 dt.29-11-2021
dated 10.10.2013, which however is not being proceeded with for
no apparent reason.
4. Learned counsel for the State appears and has been
heard.
5. Having regard to the nature of grievance of the
petitioner, the writ petition is disposed of with a direction to the
D.C.L.R., Kishanganj to process the miscellaneous application said
to have been filed by the petitioner on 20.08.2019 (Annexure-6)
and dispose of the same on its own merits, if still pending, after
grant of opportunity of hearing to the petitioner in accordance with
law, expeditiously and in any event preferably within a period of
three months from the date of receipt/production of a copy of this
judgment.
6. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made by
the petitioner within the stipulated time provided in para-1
hereinabove, failing which the matter shall be brought to the notice
of this Court.
(Vikash Jain, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 02.12.2021
Transmission Date N.A.
