Seema Kuer @ Seema Mishra vs The State Of Bihar And Ors
2024 Latest Caselaw 5366 Patna

Patna High Court

Seema Kuer @ Seema Mishra vs The State Of Bihar And Ors on 12 August, 2024

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.15179 of 2017
     ======================================================
     Seema Kuer @ Seema Mishra Wife of Late Rewati Raman Mishra, Resident
     of Village-Savaj Kundi, P.O.-Kasher, P.S.-Bhagwanpur, District-Kaimur at
     Bhabua.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar
2.   The Additional Collector, Kaimur at Bhabua.
3.   The Deputy Collector of Land Reforms, Bhabua, District-Kaimur at Bhabua.
4.   The Circle Officer, Bhagwanpur, Anchal-Bhagwanpur, District-Kaimur at
     Bhabua.
5.   Girija Devi Wife of Virendra Mishra, Resident of Village-Savaj Kundi,P.S.-
     Bhagwanpur, P.O.-Kasher, District-Kaimur at Bhabua.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Rajani Kant Pandey, Advocate
     For the Respondent/s   :     Mr. Raj Kishore Roy, GP-18
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
     MISHRA
                         ORAL JUDGMENT
      Date : 12-08-2024

              Heard learned counsel for the petitioner and learned

      counsel for the respondents.

              2.      The present writ petition has been preferred for the

      following relief/s:-

                                  "That this is an application on behalf
                                  of the petitioner for issuance a writ
                                  order or direction in the nature of
                                  certiorari to setting aside the order
                                  dated 31-7-2017 as passed by learned
                                  court of the Bihar land Tribunal.
                                  Patna in B.L.T. Case No. 548 of 2016
 Patna High Court CWJC No.15179 of 2017 dt.12-08-2024
                                           2/4




                                        as well as for quash the order dated
                                        15-2-2016

as passed by learned court of Additional Collector, Kaimur at

of 2013-14 including the order dated 13-9-2013 as passed by learned D.C.L.R., Bhabua in Mutation appeal No. 88 of 2012-13 and for setting aside the order dated 25-1-2013 as passed by Anchaladhikari, Bhagwanpur in mutation case No. 1279 of 2012-13 and order may be pass against the respondents to not disturb in peaceful possession of the petitioner and/or pass other order this Hon'ble court may deem fit and proper under circumstances of the case."

3. At the outset, learned counsel for the petitioner has

confined his relief only to the extent of setting aside the order

dated 31-07-2017 passed in B.L.T. Case No. 548 of 2016, by

learned Member, Administrative, Bihar Land Tribunal, Patna. It

is the contention of the learned counsel for the petitioner that the

impugned order has been passed without hearing the petitioner

and it was decided on merit without a single line finding, which

is unsustainable in the eyes of law.

4. On the other hand, a counter affidavit has been

filed on behalf of the respondent Nos. 2 to 4. Learned counsel Patna High Court CWJC No.15179 of 2017 dt.12-08-2024

for the State specifically draws attention of this Court to

paragraph No. 10 of the counter affidavit, wherein it is stated

that Title Suit No. 614 of 2013 is brought by the writ petitioner

before the competent court for the partition of the impugned

land as well as the other ancestral land which is pending till

now.

5. From bare perusal of the impugned order dated

31-07-2017, passed in BLT Case No. 548 of 2016 by learned

Member Administrative, it is apparent that the petitioner was not

present at the time of hearing and it has been stated that there is

no illegality in the orders passed by the court below and no

cogent reason/s, whatsoever is assigned thereto in confirming

the order of the court below. It clearly manifests that no

opportunity of hearing to the petitioner was afforded in the

proceedings before the Bihar Land Tribunal and as such, the

same is required to be passed after hearing the parties

concerned. Single line order passed by the learned Member

Administrative, BLT, to say the least is unsustainable in the eyes

of law as it is violating the principles of natural justice.

6. In view of the above, the order dated 31-07-2017

passed in B.L.T. Case No. 548 of 2016 is set aside.

Consequently, the matter is remanded back to the Bihar Land Patna High Court CWJC No.15179 of 2017 dt.12-08-2024

Tribunal for considering the matter afresh after affording

opportunity of hearing to the parties concerned, who will be

under legal obligation to pass a reasoned and speaking order in

accordance with law.

7. With the aforesaid observation(s)/direction(s), writ

petition stands disposed of.

(Rudra Prakash Mishra, J)

Raj Kishore/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21-08-2024
Transmission Date       NA