Ram Ashish Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4695 of 2018 ====================================================== 1.

Ram Ashish Singh, Son of late Ram Awatar Singh 2.

Sidh Nath Singh, Son of late Chandradeo Singh, Both Resident of VillageMalhipur, P.S. Rajpur, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Buxar. 2.

The Collector, Buxar, District- Buxar.

3.

The Additional Collector, Buxar, District- Buxar. 4.

The Sub-Divisional Officer, Buxar, District- Buxar. 5.

The Circle Officer, Rajpur, District- Buxar.

6.

Ganesh Singh, Son of Ramyash Singh 7.

Kamalawati Devi, Wife of Rajeshwar Singh 8.

Surendra Singh, Son of late Ramraj Singh 9.

Ram Suresh Singh, Son of late Ramraj Singh All 6 to 9 are resident of Village- Malhipur, P.S. Rajpur, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned counsel for the respondents.

The petitioners have filed the instant application for the following relief(s):- "i) For issuance of an appropriate writ, order, direction to quash the order dated 19.09.2017 passed by the District Collector, Buxar in Case No.18/2012 (Misc.) whereby and where-under he was pleased to reject the claim of the petitioners and

Patna High Court CWJC No.4695 of 2018(3) dt.25-04-2023 2/3 accepted the plea of the Private Respondents. ii) For issuance of an appropriate writ, order, direction to quash the order dated 13.02.2004 passed in Case No.11/2002-03 by Sub-Divisional Officer, Buxar whereby and where-under permission was granted for settlement of land bearing Khata No.52, Plot No.24/1, 24/2, Thana No.128 of Revenue Mauza-Malhipur, P.S.-Rajpur, District-Buxar with Respondents No. 6 to 9.

iii) For issuance of an appropriate writ, order, direction to quash order dated 10.04.2007 passed in Homestead Settlement Appeal Case No. 52/2006-07 by Additional Collector, Buxar whereby and where-under the appeal applications of the petitioners for cancellation of the Settlement of lands was rejected without hearing of the petitioners and without considering the report dated 27.07.2006 of the Sub-Divisional Officer, Buxar.

iv) For issuance of an appropriate writ, order, direction to the Respondent authorities to take fresh steps for settlement of the lands in question in favour of petitioners after proper enquiry as the petitioners are in peaceful residential possession of the said land.

v) For issuance of an appropriate writ, order, direction to the Respondents not to interfere with the peaceful possession of the petitioners on the land in question till the further order passed for settlement of land in accordance with law.

vi) For issuance of an appropriate writ, order, direction granting any other relief or reliefs for which petitioners are found to be entitled in the

Patna High Court CWJC No.4695 of 2018(3) dt.25-04-2023 3/3 facts and circumstances of this case."

Having heard learned counsel for the parties and taking into consideration the final order under challenge dated 19.9.2017 passed in Case no.18/2012 (Misc.) by the District Collector, Buxar, this Court is of the opinion that the petitioners have an alternate and efficacious remedy of preferring an application before the Tribunal constituted under the Bihar Land Tribunal Act, 2009.

This writ application is disposed of with liberty to the petitioner to move before the Tribunal under the Act for the relief prayed for in the instant application. In considering the application for condonation of delay (limitation petition) filed by the petitioners in preferring the application, the Tribunal will take into consideration the period for which the instant case was being pursued by the petitioner in this Court.

(Partha Sarthy, J) avinash/- U