Heera Lal Prasad vs The State Of Bihar
2023 Latest Caselaw 3429 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.17723 of 2022
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Heera Lal Prasad, Son of Late Shobha Prasad, Resident of Village-Sunsariya, P.O. Sunsariya, Police Station-Bettiah Mufassil, District-West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Collector, West Champaran, Bettiah.

2. The Collector Cum District Magistrate, Bettiah, West Champaran.

3. The Land Reforms Deputy Collector, Bettiah, West Champaran.

4. The Circle Officer, Nautan, West Champaran.

5. Dhrup Sah, Son of Late Indrasan Sah @ Jnardan Sah, Resident of Village-

Sunsariya, P.O. Sunsariya, POlice Station-Bettiah Mufasil, District-West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ram Kishun Prasad, Advocate For the Respondent/s : Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 01-08-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

2.The present writ petition has been filed for directing

the respondents to execute the order dated 03.02.2011 passed by

the respondent No.3, namely, the Land Reforms Deputy

Collector, Bettiah, West Champaran passed in Miscellaneous

Case No. 05/10-11 under the Bihar Land Disputes Resolution

Act, 2009 (Act 4 of 2010) (hereinafter referred to as 'the Act of

2009').

Patna High Court CWJC No.17723 of 2022 dt.01-08-2023

3. Learned counsel for the petitioner submits that the

order passed in Miscellaneous Case No. 05/10-11 under the Act

of 2009 was in favour of the petitioner and its execution is

necessary. The petitioner has filed several representations to

execute the said order, but no decision has been taken on the

representation of the petitioner till date.

4. Learned counsel for the State submits that power

of execution of the order passed in the Bihar Land Dispute

Resolution Case is vested in Sections 15 and 16 of the Act of

2009 and in view of the said provisions, the petitioner ought to

have approached the competent authority for redressal of his

grievances, but even then the petitioner has preferred the writ

petition.

5. Upon going through the pleadings and the position

of law, it is clear that Sections 15 & 16 of the Act of 2009

clearly states about the execution of the order passed by the

competent authority, i.e. Bihar Land Dispute Land Resolution,

therefore, the remedy lies for the petitioner is to take recourse of

law.

6. As such, this writ petition is disposed of with a

direction to the petitioner to avail his remedy in accordance with

law as laid down in the Act of 2009 by way of filing fresh Patna High Court CWJC No.17723 of 2022 dt.01-08-2023

representation along with a copy of this order within a period of

four weeks from today.

7. It is expected from the competent authority under

the Act of 2009 that he shall do the needful within a period of

eight week from the date of filing of fresh representation by the

petitioner in this matter.

8. With the above observation and direction, the writ

petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          03.08.2023
Transmission Date       NA