Patna High Court
Vidya Giri vs The State Of Bihar And Ors on 12 November, 2024
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12715 of 2018
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Vidya Giri Son of Late Jodha Giri resident of village - Dubauli, P.S. -
Panapur, District - Saran at Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Collector-cum-District Magistrate, Saran at Chapra.
3. The Sub-Divisional Officer, Marhaurah, Saran at Chapra.
4. The Deputy Collector Land Reforms, Marhaurah, Saran at Chapra.
5. The Circle Officer, Panapur , District - Saran at Chapra.
6. Dhaneshwar Das son of Sukhari Das
7. Badri Das son of Dhanayee Das
8. Tuntun Das son of Belash Das
9. Dashrath Das son of Ramdeo Das
10. Lalan Das son of Dhanayee Das
11. Suresh Das son of Mundrika Das
12. Birendra Das son of Jagjita Das
13. Sheonath Das son of Dhanayee Das
14. Chiraiya Devi son of Janak Das
15. Binod Das son of Fulena Das
16. Ravindra Das son of Fulena Das
17. Rita Devi D/o Fulena Das
18. Kishoriya Devi D/o Chandrika Das
19. Deepak Das son of Vishwanath Das
20. Janakiya Devi son of Gumani Das Respondent No. 6 to 20 are residents of
village - Dubauli, P.O. Dubauli, P.S. Panapur, District - Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Respondent/s : Mr.Raj Kishore Roy- Gp18
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 12-11-2024
In the instant petition, petitioner has prayed for
the following relief(s):-
Patna High Court CWJC No.12715 of 2018 dt.12-11-2024
1. That this is an
application for issuance of
appropriate writ(s), order(s),
direction (s) to respondent no. 5 to
compliance or take necessary actions
upon respondent no. 6 to 20 i.e.
respondent 2nd set in the light of
order / direction dated 10.10.2013
passed by respondent no. 4 in a case
no. 69 of 2012-13 which is contained
as Annexure-1 to this application.
And further for
issuance of appropriate directions to
respondents for vacate the subject
land from private respondents i.e.
respondent 2nd set, which is situated
in the District of Saran, Anchal-
Panapur, Revenue village- Methaura
wherein survey Plot No. 427,428,429
and Khata No. 29 wherein Survey
Plot No. 80, Area of 5 Katha 7 ½
Dhur which is as per Khatiyan
recorded in the name of the ancestor
of the petitioner but the respondent
2nd set illegally occupied the said
land with malice attitude.
And for any other
relief or relies for which the
petitioner is found to be entitled in
the facts and circumstances of the
case, in the light of safeguard
provided by the mandate of law.
2. Learned counsel for the petitioner submits that
petitioner filed title suit No. 113 of 2001 which has been
allowed by the judgment and decree dated 09.04.2008 with
Patna High Court CWJC No.12715 of 2018 dt.12-11-2024
regard to the land pertaining in Khata No. 34, Plot No. 427, 428,
429 and Khata No. 29, Plot No. 80, Area 5 katha 7(1/2) dhur
which is the part and parcel of the writ petition. He further
submits that petitioner has filed representation before the Circle
Officer, Panapur, Saran at Chapra but the said representation has
not been disposed of by the concerned authority, though, the
Deputy Collector Land Reform, Marhaurah, Saran has passed
the order that the possession of the land in question should be
given to the petitioner but the said order has not been complied
by the concerned authority/the Circle Officer, Panapur, Saran at
Chapra which is mentioned in Annexure 3.
3. Learned counsel for the State submits that the
order dated 09.04.2008 passed by Munsif - IVth, Saran at
Chapra is in favour of the petitioner and for the compliance of
the said order, execution proceedings is required under CPC and
no petition for execution has been filed by the petitioner. He
further submits that without availing appropriate remedy,
petitioner has approached the Deputy Collector Land Reform,
Marhaurah, Saran which is not the competent authority to
execute the decree passed by the competent court. He further
submits that unless and until decree is executed, the Deputy
Collector Land Reform, Marhaurah, Saran has no jurisdiction to
Patna High Court CWJC No.12715 of 2018 dt.12-11-2024
decide the representation of the petitioner.
4. In the light of the aforesaid facts and
circumstances of the present case, the preset writ petition stands
disposed of with direction that petitioner is directed to represent
his grievance before the appropriate forum/authority within four
weeks from the date of receipt of this order.
5. At this stage, the learned counsel for the
petitioner submits that he has filed his representation vide
Annexure 3 of this writ petition, which has not been decided by
the Circle Officer, Panapur.
6. In view of the aforesaid submission, Circle
Officer, Panapur is hereby directed to dispose of the
representation filed by the present petitioner which is pending,
preferably within four weeks from the date of receipt of this
order.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.11.2024.
Transmission Date N/A
