Binita Sinha vs The State Of Bihar
2023 Latest Caselaw 4448 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4141 of 2023
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Binita Sinha D/o Late Bhupendra Narayan Sinha, Wife of Nand Kishore Prasad Verma, Resident of Village- Ujain Tola, Hari Vatika, Bettiah, P.S.- Bettiah, Mufassil, District- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna.

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

3. The District Magistrate, West Champaran, Bettiah.

4. The Addl. Collector, West Champaran, Bettiah.

5. The Land Reform Deputy Collector, Bettiah Sadar, West Champaran, Bettiah.

6. The Anchaladhikari, Bettiah, District- West Champaran, Bettiah.

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Respondent/s : Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 08-09-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ petition has been filed for

quashing the order bearing Memo No.2771 dated 26.10.2021

issued under joint signature of the Incharge Officer, District

Revenue Branch Bettiah, Addl. Collector, West Champaran, Patna High Court CWJC No.4141 of 2023 dt.08-09-2023

Bettiah and Collector, West Champaran, Bettiah by which

direction was made that disputed land should be handed over for

construction of the building of Panchayat Resource Center.

3. Counsel for the petitioner submits that the

petitioner is the daughter of the Jamabandi Raiyat to whom 11

Katha, 10 ½ Dhur land pertaining to Khata No.87, Khesra

No.234 was allotted. Jamabandi was also opened in his name

and in the year 2012 a possession certificate for the land was

also granted in favour of father of the petitioner bearing letter

no.1242 dated 29.11.2012 under the signature of Circle Officer,

Bettiah. Counsel submits that in the year 1996 the petitioner and

other persons were under threatened dispossession and

thereafter they moved before this Hon'ble Court in CWJC No.

7901 of 1996, which was disposed of vide order dated

20.08.1996 by which a direction was made to the Collector,

Bettiah to consider the representation of the petitioner and other

similarly situated persons, who were in possession of the said

Khesra No.234. According to the petitioner the said Khesra

No.234 is a big chunk of land, which is about 44 acres in the

nature of Parti-qadim. Counsel for the petitioner submits that in

the year 2020 the Government of Bihar issued a circular with

regard to the different types of land including Parti-qadim. Patna High Court CWJC No.4141 of 2023 dt.08-09-2023

4. Counsel for the State submits that the Panchayat

Bhawan has been proposed on the Gair-Majarua Malik Parti-

qadim land which is being opposed by the petitioner without

any basis as the Additional Collector and Collector along with

the concerned Incharge Officer District Revenue Department,

Bettiah have collectively passed an order only for 51.65 Dismil

of the land out of 44 Acres of land and no objection of the

petitioner is not necessary.

5. Upon going through the letter issued by the

Additional Chief Secretary vide Memo No.247 dated

20.03.2020, a final decision has to be taken at the level of

Divisional Commissioner. As such, the petitioner is directed to

avail the remedy before the Divisional Commissioner,

Muzaffarpur raising all his grievances and Divisional

Commissioner, Muzaffarpur is directed to pass a reasoned and

speaking order within 3 weeks from the date of filing of

representation before him to consider the claim of the petitioner

in the light of the said Memo No.247 dated 20.03.2020.

6. With the aforesaid direction, this writ petition is

hereby disposed of.

7. It is made clear that till final decision taken by the

Divisional Commissioner, Muzaffarpur the status-quo as Patna High Court CWJC No.4141 of 2023 dt.08-09-2023

maintained on today shall not be disturbed.

(Dr. Anshuman, J.) Ashishsingh/-

AFR/NAFR                NAFR
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Uploading Date          12.09.2023
Transmission Date       NA