Patna High CourtCWJC/3117/2019disposed

Md. Ainul Haque v. The State Of Bihar And ORS

2019-02-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3117 of 2019 ====================================================== Md. Ainul Haque Son of late Noor Mohammad Resident of Village Rasulpur Jirwara, Post- Rasulpur Fatah, Police Station- Mahua, District- Vaishali at Present the Secretary of the Mosque Situated at Mauza Rasulpur Jirwara Police Station- Mahua, Thana No. 136, Khesra No. 450 (Part), Area -0.09 decimals, Khata No. 98 Ka District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

1. The State of Bihar through the District Collector-Cum-District Magistrate, District- Vaishali at Hajipur.

2. The Deputy Collector, Land Refroms, Mahua, District- Vaishali.

3. The Circle Officer, Block Mahua, District- Vaishali.

4. The Dy. S.P. Mahua, Vaishali at Hajipur.

5. The Thanadhyaksha , Police Station- Mahua, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahesh Prasad For the State :

Mr.Md.Khurshid Alam AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-02-2019 Learned counsel, appearing on behalf of the petitioner, has submitted that, despite the order of the Divisional Commissioner, passed in B.L.D.R. Appeal Case No. 446 of 2012 on 15.12.2015, the respondents are not demarcating the area of 0.09 decimals of land having a mosque situate at village Rasulpur Jirwara in the district of Vaishali. Section 15 of the Bihar Land Disputes Resolution Act, 2009 (for short 'the Act') specifically prescribes the procedure for execution of an order passed by the competent authority. The petitioner has admittedly not availed the said remedy under

Patna High Court CWJC No.3117 of 2019(2) dt.18-02-2019 2/2 the Act. The order was passed in the year 2015. I do not find any cogent explanation available as to what the petitioner was doing all these years.

Be that as it may, the petitioner shall be at liberty to approach the competent authority under the Act for the relief, which the petitioner is seeking by making appropriate application in accordance with law.

The writ application stands disposed of.

(Chakradhari Sharan Singh, J) HR/- U