Harischandra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10170 of 2018 ====================================================== Harischandra Singh Son of Late Devnath Singh, Resident of VillageBelwasa, Hussainganj Ziradei, Dist.- Siwan, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Collector, Siwan.

3.

The Circle Officer, Ziradei, Dist.- Siwan.

4.

Jogendra Singh, S/o Late Ganesh Singh, 5.

Anup Kumar Singh, Son of Jogendra Singh and Late Madhuri Devi. 6.

Dhanu Singh, Son of Jogendra Singh and Late Madhuri Devi, 7.

Sachchidanand Singh, Son of Jogendra Singh and Late Madhuri Devi, respondent No. 3 to 7 Resident of Village- Belwasa, Hussainganj Ziradei, Dist.- Siwan, Bihar.

8.

Manorma Devi, Daughter of Jogendra Singh and Late Madhuri Devi, Wife of Rajesh Singh, Resident of Village- Belwasa, Hussainganj, Ziradei, Dist.- Siwan, Bihar, Presently Resident of Village- Piyaur, P.S.- M.H. Nagar Hassanpura, Dist- Siwan, Bihar.

9.

Naina Devi, Daughter of Jogendra Singh and Late Madhuri Devi, Wife of Rajan Singh, Resident of Village- Belwasa, Hussainganj Ziradei, Dist.- Siwan, Bihar, Presently Resident of Village- Bangra Ujjain, P.S. Ander, Dist.- Siwan, Bihar.

10.

Rama Shanker Singh, S/o Late Devnath Singh, 11.

Pawan Kumar Rai, S/o Late Raj Banshi Rai.

12.

Ravi Pratap Rai, Son of Late Swaminath Rai, Respondent No. 10 to 12 Resident of Village- Belwasa, Hussainganj Ziradei, Dist.- Siwan, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhuri Lata, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy -GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

Patna High Court CWJC No.10170 of 2018(5) dt.04-02-2025 2/3

2. Learned Counsel for the petitioner submits that the petitioner is claiming his right under Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act IV of 1948). Counsel submits that he had earlier moved before this Hon'ble Court vide order dated 09.09.2008, passed in CWJC No. 7007 of 2001, in which this Hon'ble Court was pleased to direct the Circle Officer, Ziradei, to pass an order afresh. When the Circle Officer, Ziradei, passed the order dated 16.09.2017, annexed as Annexure- 1, the petitioner challenged the said order before this Court in the form of the present writ petition.

3. Learned Counsel for the State submits that, against the order passed by the Circle Officer, Ziradei, the petitioner has the liberty to move under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act (Bihar Act IV of 1948).

4. In the present facts and circumstances, the present writ petition disposed off, granting liberty to the petitioner to challenge the said order of Circle Officer, Ziradei, before the respondent No. 2, namely, The Collector, Siwan, under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act (Bihar Act IV of 1948). Thereafter, the Collector,

Patna High Court CWJC No.10170 of 2018(5) dt.04-02-2025 3/3 Siwan, shall pass a reasoned and speaking order of the same within 90 days from the date of production of a copy of this order.

5. With this direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Aman Kumar/- U