Md. Belal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.316 of 2018 ====================================================== Md. Belal S/o Late Haji Nazar Mohammad Resident of Village - Kari Koshi Bandh, Dilarpur, P.S. - Manihari, District - Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna 2.

The Collector cum District Magistrate, Katihar. 3.

The Addl. Collector, Katihar.

4.

The Addl. Collector Ceiling, Katihar.

5.

The Sub Divisional Officer cum Public Complaint Redressal Officer, Katihar.

6.

The Circle Officer, Mansahi, District - Katihar. 7.

Raj Kishore Mandal 8.

Surya Narayan Mansal Both S/o Chhedi Mandal 9.

Sudama Mandal S/o Yadu Mandal 10.

Narayan Manjhiyan S/o Rajesh Hasda 11.

Rasik Lal Mandal S/o Ganesh Hasda 12.

Narang Manjhi S/o Bhaiya Manjhi All residents of village - Hari Prasad, P.S. Mansahi, P.O. - Mansahi, District - Katihar.

13.

Dinesh Kant Chaudhary S/o Late Mohan Lal Chaudhary 14.

Chandrashekhar Chaudhary S/o Late Sashi Kant Chaudhary Both are C/o Binodpur Power House Road, ear Mahila College, Katihar, P.O. P.S. District - Katihar.

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

For the Petitioner :

Mr. Mukesh Kumar Jha, Advocate For the Respondents :

Mr. Sajid Salim Khan -SC25 Mr. R.P.N. Tiwary, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2022 By order dated 05.07.2022, the name of respondent nos. 7 to 14 has been deleted from the array of the respondents.

Patna High Court CWJC No.316 of 2018(4) dt.01-08-2022 2/3 Heard the parties.

Learned counsel for the petitioner submits that Ceiling Case No. 120 of 1973-74 was filed in the court of the Additional Collector (Ceiling), Katihar which stood dismissed for default and restoration application is pending since 1990. This kind of delay in considering the restoration application is unheard of.

In the interest of justice, Ceiling Case No.120 of 1973-74 is restored to its original file. The same shall be heard and disposed of by the Additional Collector, Katihar within two months from today. All the points raised in the writ petition by the petitioner shall be considered and dealt with by the Additional Collector (Ceiling), Katihar and a speaking order after hearing the petitioner shall be passed in accordance with law.

The petitioner will appear in the court of the Additional Collector (Ceiling), Katihar on 17th of August, 2022. Thereafter the case shall be listed and disposed of expeditiously. During the pendency of Ceiling Case No.120 of 1973-74 before the Additional Collector (Ceiling), Katihar, possession of the petitioner over the land in question shall not be disturbed.

Patna High Court CWJC No.316 of 2018(4) dt.01-08-2022 3/3 With the aforesaid observation and direction, this writ petition is disposed of.

(Sandeep Kumar, J) BT/- U