Krishna Prasad Rajak vs The State Of Bihar And Ors
2023 Latest Caselaw 3434 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10611 of 2015
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Krishna Prasad Rajak S/o Sri Yugal Rajak, Resident of Village- Bhawanpur, P.O. and P.S. Jagdishpur, District- Bhagalpur.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The District Magistrate, Bhagalpur.

3. The Addl. Collector, Bhagalpur.

4. The Sub Divisional Officer, Bhagalpur.

5. The Circle Officer, Jagdishpur, Bhagalpur.

6. The Circle Inspector, Jagdishpur, Bhagalpur.

7. The Halka Karamchari, Jagdishpur, Bhagalpur.

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

For the Petitioner/s : Mr. Md. Rahmatullah, Advocate For the Respondent/s : Mr. Dhurjati Kr. Prasad, G.P.-14 ====================================================== 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 directing

the respondent authority to settle the land under the Bihar

Government Scheme in favour of the petitioner on which the

petitioner is residing by constructing his house for more than 25

years back.

3. Learned counsel for the petitioner submits that

petitioner is constructed a Jhopri on a land appertaining to

Revenue Thana No. 418, Khata No. 481 and Plot No. 404 area Patna High Court CWJC No.10611 of 2015 dt.01-08-2023

14 decimal, Mouza- Jagdishpur, District- Bhagalpur. He further

submits that petitioner is residing on the said land since last 25

years and he has approached to the Additional Collector,

Bhagalpur but there is no response, then he moved before Janta

Darwar and also given to the application to the State Mahadalit

Ayog for his grievances. Counsel further submits that petitioner

also moved before the Divisional Commissioner, Bhagalpur

who has directed the District Magistrate to take action

considering the claim of the petitioner. Counsel further submits

that it is the decision of the State Government by way of a

policy to provide the land to every homeless person acquiring

the private land where no government land is available.

4. In the light of the said policy, the petitioner seeks

direction from this Court that a direction may be given to the

State.

5. Learned counsel for the State submits that

counter affidavit has been filed in this case. In the counter

affidavit the stand of the State is very clear that petitioner is not

comes under the category for which the benefit has to be

provided. According to the counter affidavit petitioner is neither

homeless nor landless person. It has been submitted that

petitioner is an employee and working as Home Guard Jawan as Patna High Court CWJC No.10611 of 2015 dt.01-08-2023

per the report dated 02.11.2015 submitted by Rajasv

Karamchari, which is annexed as Annexure- A to the counter

affidavit.

6. In this background petitioner is neither a

homeless person nor he is a resident of Jagdishpur Gram

Panchayat rather he possess a home in Bhawanipur Deshari.

Therefore, petitioner is not come within the purview of the

policy of the State Government and in the light of the counter

affidavit, he cannot be treated as homeless and landless person.

Accordingly, the present writ petition is dismissed.

(Dr. Anshuman, J.) ravishankar/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          03.08.2023
Transmission Date       N.A.