Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1690 of 2020 ====================================================== Santosh Singh Son of Late Nagina Singh, (Ex-Army Man, died in the year 2011), Resident of Village-Bishniya Bag, P.O.-Jamhore, P.S. Bikramganj, District-Rohtas.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Home Secretary, Government of Bihar, Patna. 2.
The Collector cum District Magistrate, Rohtas. 3.
The Sub-Divisional Magistrate, Bikramganj, Rohtas. 4.
The Circle Officer, Bikramganj, Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dudh Nath Singh For the Respondent/s :
Mr. Deepak Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-01-2023 Heard learned Counsel for the parties concerned. The present writ application has been filed for settlement of a piece of land in favour of the petitioner, who claims to be the son of the Ex-Armyman.
Settlement Case No. 05 of 2000-01 was initiated by the Circle Officer, Bikramganj, Rohtas and final order in the aforesaid case was passed by learned Collector, Rohtas, Sasaram, on 24.08.2022, whereby the Settlement Case No. 05 of 2000-01 has been rejected.
Learned Counsel for the State submits that the settlement case was initiated under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short, 'the Act') and the Act
Patna High Court CWJC No.1690 of 2020(8) dt.19-01-2023 2/2 is governed under the Bihar Land Dispute Resolution Act, 2009. Referring to Section 14 of the Bihar Land Dispute Resolution Act, 2009, he submits that the party aggrieved by the order passed by the competent authority may file an appeal before the Commissioner within whose jurisdiction the order has been passed.
In view of the aforesaid provision, this writ application is dismissed with liberty to the petitioner to file an appeal before the Commissioner, Patna, in accordance with law. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √