Basudeo Rajak And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16951 of 2018 ====================================================== 1.

Basudeo Rajak and Ors S/o Late Gaibi Rajak, Resident of Village- Bagri Tola Kadawa, P.S.- Naugachhia, District- Bhagalpur. 2.

Kalanand Ram, S/o Late Bhola Ram, R/o Village- Kharik Kaduwa, P.S.- Naugachhia, District- Bhagalpur.

3.

Rajendra Ram, S/o Late Narayan Ram, R/o Village- Kharik Kaduwa, P.S.- Naugachhia, District- Bhagalpur.

4.

Indradeo Ram, S/o Mahendra Ram, R/o Village- Kharik Kaduwa, P.S.- Naugachhia, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Collector, Bhagalpur.

3.

The S.D.O. Naugachhia, Distt- Bhagalpur.

4.

The D.C.L.R. Naugachhi, Bhagalpur.

5.

The Circle Officer, Kharik, District- Bhagalpur. 6.

Siya Ram Singh, Son of Anup Lal Singh, R/o Village- Para Tola Kadwa, P.S.- Naugachhia, District- Bhagalpur.

7.

Brahamdeo Singh, Son of Anup Lal Singh, R/o Village- Pakra Tola Kadwa, P.S.- Naugachhia, District- Bhagalpur.

8.

Chandra Deo Singh, Son of Late Ram Rup Singh, R/o Village- Pakra Tola Kadwa, P.S.- Naugachhia, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Sajid Salim Khan- SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-02-2025 No one appears on behalf of the petitioners. Learned Senior Counsel for the State is present.

2. This case is of 2018, yet no one appears on behalf of the petitioners. Upon perusal of the records, it transpires that the present writ petition has been filed to direct the respondent

Patna High Court CWJC No.16951 of 2018(2) dt.11-02-2025 2/3 authorities to deliver possession of the land situated in Mauza Singh Kund, Naugachhia to the petitioners. It also transpires that the petitioners have filed a representation before the Circle Officer, Kharik. Subsequently, the Circle Officer forwarded the application to the Additional Collector, Bhagalpur, who, in turn, issued a letter to the Circle Officer, Khairk / Naugachhia, District- Bhagalpur for providing the possession of the said land. Annexure- 6 contains a letter written by the S.D.O., Naugachhia to the Circle Officer, Kharik for providing the delivery of possession of the said land to the petitioner.

3. Learned Senior Counsel for the State submits that, as per the law, the petitioners have not moved before the proper forum for seeking possession of the land. The appropriate authority for seeking possession of the land in this case is Bihar Land Dispute Resolution (hereinafter referred to as B.L.D.R.) Counsel further submits that the case may be disposed off by granting liberty to the petitioners to move before the appropriate forum, which in the present case is B.L.D.R.

4. Upon going through the documents, it transpires that certain individuals whose names are mentioned in Annexure- 4, are creating hurdle in granting possession of the land to the petitioners.

Patna High Court CWJC No.16951 of 2018(2) dt.11-02-2025 3/3

5. Therefore, this writ petition is disposed off with a direction to the petitioners to avail their remedy before the B.L.D.R., adding those individuals named in Annexure- 4 as parties in the said case. The B.LD.R., after hearing all the parties shall pass an order in accordance with the law. (Dr. Anshuman, J.) Aman Kumar/- U