Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1677 of 2023 ====================================================== 1.

Savitri Devi Wife of Late Ram Prasad Goand Resident of Mohalla Dalelganj P.O. Sasaram, P.S. Sasaram, District- Rohtas. 2.

Raju Kumar Goand Son of Late Ram Prasad Goand Resident of Mohalla Dalelganj P.O. Sasaram, P.S. Sasaram, District- Rohtas. 3.

Manoj Kumar Goand Son of Late Ram Prasad Goand Resident of Mohalla Dalelganj P.O. Sasaram, P.S. Sasaram, District- Rohtas. 4.

Saroj Kumar Goand Son of Late am Prasad Goand Resident of Mohalla Dalelganj P.O. Sasaram, P.S. Sasaram, District- Rohtas. 5.

Santosh Kumar Goand Son of Late Ram Prasad Goand Resident of Mohalla Dalelganj P.O. Sasaram, P.S. Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Rohtas at Sasaram.

3.

Circle Officer, Sasaram, Rohtas.

4.

D.C.L.R. Sasaram.

5.

Kameshwar Paswan Son of Dukhi Paswan Resident of Village Sikariya, P.S. Sasaram, District Rohtas at Sasaram.

6.

Laxman Paswan Son of Dukhi Paswan Resident of Village Sikariya, P.S. Sasaram, District Rohtas at Sasaram.

7.

Gorakh Paswan Son of Dukhi Paswan Resident of Village Sikariya, P.S. Sasaram, District Rohtas at Sasaram.

8.

Jai Prakash Paswan Son of Dukhi Paswan Resident of Village Sikariya, P.S. Sasaram, District Rohtas at Sasaram.

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

For the Petitioner/s :

Mr. Chandra Kant, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-07-2023 Counsel for the petitioner and counsel for the State are present.

The present writ application has been filed against the order dated passed by the Deputy Collector Land Reform,

Patna High Court CWJC No.1677 of 2023(2) dt.04-07-2023 2/2 Sasaram in land dispute case no.183 of 2013 vide order dated 15.07.2013 (Annexure-3).

Counsel for the petitioner submits that the Settlement Case No.96 of 1975-76 passed under the provisions of The Bihar Land Reforms Act, 1950 has been disturbed. Counsel submits that Deputy Collector Land Reform, Sasaram has no power in the settlement order i.e. Settlement Case No.96 of 1975-76 passed in favour of petitioner.

Counsel for the State submits that under The Bihar Land Reforms Act, 1950 remedy of appeal arises to the Divisional Commissioner under Section 14 of the said Act. In this view of the matter let this matter be disposed off with the direction to the petitioner to avail his remedy before Divisional Commissioner within 30 days from this order. Delay, if any, in filing the appeal is hereby condoned. This Court has not expressed any view on merit but directs the Divisional Commissioner to apply his judicial mind and dispose off this case within 60 days upon appearance of the respondent of this case.

(Dr. Anshuman, J.) Ashishsingh/- U