Md. Nurul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6584 of 2018 ====================================================== Md. Nurul Haque Son of Late Abdul Hakeem, Resident of Village-Deodha, P.S.P.O. Deodha, District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms, Government of Bihar, Patna.

2.

The Secretary, Department of Home (Police), Government of Bihar, Patna. 3.

The Collector Madhubani, District-Madhubani.

4.

The Additional Collector, Madhubani, District-Madhubani. 5.

The Sub-Divisional Officer, Jay Nagar, District-Madhubani. 6.

The Deputy Collector, Land Reforms, Madhubani, District-Madhubani. 7.

The Circle Officer, Anchal Jay Nagar, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner seeking direction to the respondent authority to settle the government land to the petitioner as per the guidelines issued by the Department of Home (Police), Government of Bihar, Patna under the provision of Welfare of Serving Soldiers.

3. Learned counsel for the petitioner submits that the petitioner was soldier Army being Service No. J.C. 298737.M and Trade No. OFC.CL1. He further submits that the Government of Bihar has brought a scheme for the family

Patna High Court CWJC No.6584 of 2018(4) dt.13-07-2023 2/3 welfare of Army Personnel and published in Para-2 (VIII) (d) by Government of Bihar, Department of Home (Police), in which there was a provision to give settlement the Government land, 2 Acre agricultural land and 12.5 decimal residential land who have not the land above 50 decimal. Learned counsel submits that petitioner has filed application for allotment of land whose details are given in the petition.

4. Learned counsel for the State submits that the counter affidavit has been filed in this case, in which, the stand of Government has come that the lands mentioned by the petitioner are water bodies and cannot be settled in the light of Letter No.655 (6)jk0 dated 16.06.2016 issued by the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

5. Learned counsel for the petitioner in this background submits that if those lands which have been requested to be allotted by the petitioner have not been allotted to the petitioner then any other surrounding land may be allotted to the petitioner under the scheme in which petitioner had applied.

6. In this view of the matter, petitioner is directed to file an additional representation before the Collector-cum-

Patna High Court CWJC No.6584 of 2018(4) dt.13-07-2023 3/3 District Magistrate, Madhubani under the scheme published by Department of Home (Police), Government of Bihar, Patna to allot the prescribed land for the petitioner within four weeks from today and the Collector-cum-District Magistrate, Madhubani is directed to take a decision in this matter within eight weeks thereafter.

7. With this observation and direction, the present Writ Petition stands disposed off.

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