Ashok Kumar Sah And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3029 of 2017 ====================================================== 1.

Ashok Kumar Sah and Anr Son of Late Ram Lakhan Sah, 2.

Pushpesh Kumar @ Jyoti, Son of Ashok Kumar Sah, Both Resident of village - Gisara, P.S. Parsauni, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner, Tirhut Division, Muzaffarpur 3.

The District Magistrate, Sitamarhi 4.

The Deputy Collector, Land Reforms, Belsand, Sitamarhi 5.

Pappu Pandit, Son of Sri Narayan Pandit, Resident of village - Gisara, P.S. Parsauni, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Manoj Kumar, Adv.

Mr. Devendra Kumar, Adv.

For the Respondent/s :

Mr. Subhash Chandra Yadav-Gp15 For resp. No. 5 :

Mr. Mohan Kr. Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Heard the parties.

2. The present application has been filed:

(i) For issuance of writ in the appropriate nature for quashing of the order dated 11.11.2016 passed by the Chairman, Bihar Land Tribunal, Patna in BLT Case No.

1091/2015, whereby and where under the Member, Bihar Land Tribunal has allowed the B.L.T Case filed by the Respondent No. 5 set aside the order passed by the Commissioner, Tirhut Division, Muzaffarpur.

(ii) For further quashing of the order dated 5.12.2013 passed by the Deputy Collector Land Reform, Belsand, Sitamarhi in B.L.D.R. Case No. 21/2013 whereby and

Patna High Court CWJC No.3029 of 2017(9) dt.06-05-2025 2/2 where under the Deputy Collector Land Reform, Belsand, Sitamarhi has allowed the claim of the Respondent No. 5 in the teeth of the judgment of this Hon'ble Court passed in a case of Maheshwar Mandal Vs. State of Bihar wherein this Hon'ble Court has held that the Deputy Collector Land Reform having no jurisdiction to decide the complex question of title.

(iii) And for any other relief/reliefs for which the petitioners are found to be entitled in the eye of law.

3. Mr. Manoj Kumar, learned counsel for the petitioner duly assisted by Mr. Devendra Kumar though submits that the Bihar Land Tribunal, Patna wrongly set aside the order of the learned DCLR, concede that the matter relates to title between him and respondent no. 5, Pappu Pandit which has to be adjudicated by a Competent Civil Court.

4. He submits that the petitioner shall be approaching the Competent Court for the redressal of the grievance.

5. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U