Birendra Kumar Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 3547 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10291 of 2015
     ======================================================

Birendra Kumar Singh Son of Sri Bahadur Singh, Resident of Village - Daridih, P.S. Bhabua, District - Kaimur at Bhabua.

... ... Petitioner/s Versus

1. The State of Bihar through the Collector, Kaimur at Bhabua.

2. Deputy Collector of Land Reforms, Kaimur at Bhabua

3. Block Development Officer, Kaimur at Bhabua.

4. Circle officer, Kaimur at Bhabua.

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Respondent/s : Mr. Suresh Kumar, AC to GP-6. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 08-08-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

2. The present writ petition has been filed seeking

direction to the respondents to issue/ grant rent receipt to the

petitioner appertaining to Khata No.175, Plot No.479 area 0.69

decimal situated at Mouza Dabadhiya, Revenue P.S. No.289

which was settled to him in the year 2000 and Parwana was also

issued in his favour upon which the petitioner's name was

mutated in Register-II and rent receipt has also been issued.

3. Learned counsel for the petitioner submits that the

petitioner is an Ex-army Man and has filed an application in the

year 1997 before the Collector, Kaimur at Bhabua and following Patna High Court CWJC No.10291 of 2015 dt.08-08-2023

the proper channel and in the light of notification issued by

Government of India, Ministry of Defence bearing letter

No.25008/XIIAG/P.S.391/AG-II in the year 1984, the said land

having total area 0.69 decimal was allotted to the petitioner on

the ground that petitioner was a landless army personnel. He

further submits that the Circle Officer, Kaimur at Bhabua after

receiving the inspection report of the Circle Inspector as well as

Halka Karmchari, has settled the land to the petitioner by virtue

of order dated 22.10.1999 passed in Settlement Case No.4 of

1999-2000. In this regard, a public notice was also given on

which no objection was received. He also submits that the said

settlement was also approved by the Deputy Collector Land

Reforms, Bhabua and forwarded to the Additional Collector

from where it was forwarded to the Collector, Kaimur and the

land was completely settled to the petitioner in accordance with

law. Subsequently, parwana and rent receipt were also issued in

favour of the petitioner. The settlement order, parwana and rent

receipt of the year 2001 are annexed as Annexure Nos.2, 3 & 4

in the writ petition respectively. Learned counsel submits that

the problem has started since 2014 when the petitioner got

information that Register-II has been prepared in his name but

in R.S. Khatian, the name of other persons are there, on which Patna High Court CWJC No.10291 of 2015 dt.08-08-2023

the petitioner filed an application before the Deputy Collector

Land Reforms, Bhabua. Thereafter, no rent receipt was issued to

the petitioner and petitioner became completely aggrieved from

non issuance of rent receipt.

4. Learned counsel for the State submits that a counter

affidavit has been filed in this case and as per the counter

affidavit, the stand of the State is that the said plot in question

has wrongly been settled with the petitioner as it was found that

it is a raiyati land belonging to Dhoba Bind Son of Bhagwan

Bind, Kapildeo Bind Son of Sheo Nandan Bind, Raghuvendra

Bind Son of Laxman Bind and Basudeo Bind Son of Dukhi

Bind, all Resident of Village Karmichak under Bhabua Circle.

He also submits that the said Khata No.175 is a land of Bihar

Government. Learned counsel for the State further submits that

vide Misc. Case No.02 of 2015, a recommendation was made

for cancellation of the settlement which has been made vide

Misc. Case No.04 of 1999-2000 in favour of petitioner with

respect to Khata No.175, Khesra No.479, area 0.69 acres.

5. In this background that the State himself admits

that right has been created in favour of the petitioner by virtue

of order dated 22.10.1999 passed in Settlement Case No.4 of

1999-2000 and subsequently, rent receipt was issued to him for Patna High Court CWJC No.10291 of 2015 dt.08-08-2023

about 10 years and the process of cancellation has been started

under law, no final order shall be passed against the petitioner

without granting him adequate opportunity.

As such, the present Writ Petition stands disposed off

directing the Collector, Kaimur that the petitioner shall be

provided opportunity of hearing in this matter at the level where

the present dispute is pending and any final order shall be

passed upon granting opportunity to the petitioner as well as the

other person whose interest are involved in the said land. It is

made clear that till finality of the said decision, the petitioner

shall not be disturbed.

6. With this observation and direction, the present

Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/-

AFR/NAFR                        NAFR
CAV DATE                         NA
Uploading Date               11/08/2023
Transmission Date                NA