Umesh Bhagat vs The State Of Bihar
2023 Latest Caselaw 3836 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.15443 of 2022
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Umesh Bhagat Son of late Ramdular Bhagat, Resident of Village- Binda, P.O.- Binda, Musharai, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Department of Land and Revenue, Government of Bihar, Patna.

3. The District Magistrate, Muzaffarpur.

4. The Deputy Collector Land Reforms, Muzaffarpur East, District Muzaffarpur.

5. The Circle Officer, Musharai, District- Muzaffarpur.

6. The Station House Officer (SHO), Mushari.

7. Jalim Mishra son of Late Bachcha Mishara, Resident of Village- Dwarika Nagar, P.O.- Binda, P.S.- Mushari, District- Muzaffarpur.

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

For the Petitioner/s : Mr. Wasi Akhtar, Advocate For the Respondent/s : Mr. Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-08-2023

Learned counsel for the petitioner and learned

counsel for the State are present.

2. The present writ petition has been filed by the

petitioner seeking direction to respondent Divisional

Commissioner, Tirhut Division to decide BLDR Appeal No. 138

of 2022 as expeditiously as possible and also for issuance of

direction to the respondent authorities not Patna High Court CWJC No.15443 of 2022 dt.18-08-2023

executed/implemented the order dated 11.06.2012 passed in

BLDR Case No. 13 of 2021-2022 by the Deputy Collector Land

Reforms, Muzaffarpur till disposal of BLDR Appeal No. 138 of

2022.

3. Learned counsel for the petitioner submits that a

letter has been issued wherein Memo No. 202 dated 08.02.2013

at the level of Divisional Commissioner, Tirhut Division,

Muzaffarpur in which a direction has been made that in all cases

where appeal is pending then till disposal of appeal, restriction

may be made for implementation of the decision.

4. Learned counsel for the State submits that in

such matters the petitioner himself has liberty to move before

the appellate authority, particularly when a general letter has

already been issued at the level of the appellate authority.

5. In this background, this Court directs the

appellate authority i.e. Divisional Commissioner, Tirhut

Division to look into this matter and disposed of the appeal

within three months from the date of production of the order

before him and if there is any delay due to any reason then issue

direction to the lower authorities in light of the order issued

from his office vide Memo No. 202 dated 08.02.2013.

6. With the aforesaid observation and direction, the Patna High Court CWJC No.15443 of 2022 dt.18-08-2023

present writ petition is disposed off.

(Dr. Anshuman, J.) ravishankar/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          22.08.2023
Transmission Date       N.A.