Shivpujan Paswan v. The State Of Bihar Through The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7209 of 2021 ====================================================== Shivpujan Paswan Son of Late Sita Paswan resident of village Kolapur, P.O.T.S. Paliganj, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Old Secretariat Patna.

2.

The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Old Secretariat Building, Patna.

3.

The District Magistrate, Patna.

4.

The S.D.O., Paliganj, Patna.

5.

The D.C.L.R., Paliganj, Patna.

6.

The Circle Officer, Paliganj, Patna.

7.

The Chairman, Bihar Bhoodan Yagana Committee - cum - Member Board of Revenue Patna.

8.

The Office Secretary, District Bhoodan Yagana Committee, Paliganj, Patna. 9.

Sri Ram Vijay Kumar Son of Shankar Dayal Singh resident of village Kolapur, P.O.T.S., Paliganj, District Patna.

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

For the Petitioner/s :

Mr. Navnit Kumar, Advocate Ms. Manju Kumari, Advocate For the State :

Mr. Ram Shankar Pd. AC to GP-14 For Bhoodan Yagana Committee :

Ms. Alka Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2024 Heard learned counsels for the petitioner, State as also the Bhoodan Yagana Committee.

2. The present petition has been preferred for the following reliefs:

(i) for issuance of direction/directions, order/orders or writ in the nature of mandamus directing the respondents to issue Parcha in favor of

Patna High Court CWJC No.7209 of 2021(7) dt.28-03-2024 2/3 petitioner/petitioners wife in respect to the Bhoodan Land in Mauza Kalopur, Thana No. -320, Khata No. 07, Khasra No. 40, Rakwa 30 Dicimil and Khata No.- 43, Khasra No. 34, Rakwa 09 Dicimil by implementing the order passed by D.C.L.R.

Paliganj, wide Letter No. 69 dated 8.1.16 in letter and spirit;

(ii) for the direction to the respondents to cancel the Parcha issued to Sri Ram Vijay Kumar, respondent no. 9 who is the land owner and doesn't fulfill the Criteria to be Bhoodan Tenant;

(iii) for taking appropriate action against the erring Authority who issued Parcha for 30 Dicimil land to Respondent No - 9 who is a land owner, in violation to the order passed by D.C.L.R Paliganj wide Letter No-69 dated 8.1.16.

3. A counter affidavit on behalf of respondent no. 3 to 6 is on record and paragraph 10 read as follows: "10. That the D.C.L.R., Paliganj has initiated Bhudhan Parcha Cancellation Case No.-01/2023-24 and directed vide order dated 13-12-2023 (Annexure-D) for issuing notice to the concerned parties including Sri Shankar Dayal Singh and Ram Vijay Kumar Singh.

Further, the Karyalay Mantri,

Patna High Court CWJC No.7209 of 2021(7) dt.28-03-2024 3/3 District Bhudan Yagna Committee, Patna has been requested to participate in the hearing and make recommendation under section 21 of Bihar Bhoodan Yagna Act for cancellation of parcha of the land under Khata no.-07, area-30 dismil, Plot no.-40, circle- Paliganj issued in favour of Ram Vijay Kumar Singh and Shankar Dayal Singh. The Circle Officer, Paliganj has also been directed to submit spot inspection report with regard to the land in question."

4. With the consent of parties and taking into account the aforesaid incorporation of facts in paragraph 10, it would be appropriate that the Bhoodan Parcha Cancellation Case No. 01 of 2023-24 is taken to its logical conclusion within a period of six months from today after hearing all the parties in accordance with law, if the same has not still been concluded.

5. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) kiran/- U