Babu Lal Sah @ Babu Lal Sao vs The State Of Bihar And Ors
2023 Latest Caselaw 3384 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4484 of 2017
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Babu Lal Sah @ Babu Lal Sao Son of Late Sundar Sah, Resident of Village- Patsanda, P.S. Gidhaur, District-Jamui.

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary, Land Reforms and Revenue Department, Government of Bihar, Patna.

2. District Magistrate, Jamui. District-Jamui.

3. Sub-Divisional Magistrate, Jamui, District-Jamui.

4. Deputy Collector Land Reforms, Jamui, District-Jamui.

5. The District Public Grievances Redressal Officer, Jamui, District-Jamui.

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

For the Petitioner/s : Mr.Manoranjan Kumar, Advocate For the Respondent/s : Mr.Sajid Salim Khan- SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 31-07-2023

1. The present petition has been filed seeking the

following reliefs :-

"(i) For issuance of an appropriate writ for quashing the order dated 24.10.2016 passed by District Public Grievance Redressal Officer, Jamui, Respondent no.5 by which he has given a wrong finding to the effect that the plot in question upon which the hospital is being constructed, does not belong to the petitioner. In fact the fencing wall has been constructed in which the petitioner's plot of land bearing plot no.2002, Khata no.380, situated at Mauza- Patsanda, P.S. Gidhaur District - Jamui measuring an area of 3% Patna High Court CWJC No.4484 of 2017 dt.31-07-2023

Kathas has been included in the campus.

(ii) The petitioner further prays that a direction be given to get the plot in question measured and accordingly, to demolish the fencing wall and to hand over the said plot to the petitioner."

2. At the outset, the learned counsel for the

respondent- State has referred to paragraph no. 8 of the counter

affidavit, filed in the present case to submit that though a

jamabandi is existing in the name of the father of the petitioner

qua the land in question, however, a Jamabandi Cancellation

Case no. 79 of 2018 has already been initiated and is pending

adjudication before the learned court of Additional Collector,

Jamui, hence, appropriate action would be taken after

conclusion of the same.

3. The learned counsel for the respondent- State has

also submitted that the land in question appertaining to Mauza-

Patsanda, Thana no. 129, Khata no. 380, Plot no. 2002, Area-

3.66 acres is recorded in the cadestral survey khatiyan as

gairmajarua khas land, hence, the government has also

constructed a hospital over the said land and in case, the

respondent- State succeeds in the aforesaid Jamabandi

Cancellation Case, appropriate compensation shall be paid to Patna High Court CWJC No.4484 of 2017 dt.31-07-2023

the petitioner.

4. Accordingly, the present writ petition stands

disposed off, however taking note of the afore-said stand of the

respondents.

(Mohit Kumar Shah, J)

rinkee/-

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Uploading Date          01.08.2023
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