Nawal Kishore Mandal And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11479 of 2017 ====================================================== 1.
Nawal Kishore Mandal 2.
Pradeep Mandal, Both Sons of Gore Lal Mandal, 3.
Most. Janki Devi Wife of Late Awadhesh Kumar Mandal, 4.
Radha Devi Wife of Jagdish Mandal, All Resident of Village-Tulsipur Tola, Ward No.2, P.S.-Chausa, District-Madhepura.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector, District Madhepura 2.
The Sub-Divisional Officer, Udakishunganj. District-Madhepura. 3.
The Deputy Collector, Land Reforms, Udakishunganj, District-Madhepura. 4.
The Anchaladhakari, Anchal-Chausa, District-Madhepura. 5.
The Anchal Amin, Anchal-Chausa, District-Madhepura. 6.
Dasrath Mandal Son of Pintu Mandal 7.
Laxman Ram Son of Banwari Ram 8.
Prasadi Ram Son of Shibu Ram, 9.
Md. Shakbool, 10.
Md. Maqbool, 11.
IIiyas, 12.
Rayees, 13.
Isarail, SL.No. 9 to 13 all Sons of Md. Riyasat, 14.
Isarail Son of Islam, 15.
Md. Nago Son of Mais, 16.
Md. Khalil son of Md. Hanif, 17.
Md. Jabbar Son of Late Munaf, 18.
Md. Sattar Son of Md. Rafique, All Resident of Village-Chausa East, P.S.- Chausa, District-Madhepura.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the State :
Mr.Md. Khurshid Alam- AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2019 Heard.
Patna High Court CWJC No.11479 of 2017(4) dt.14-03-2019 2/3 The petitioners have grievance that despite the order of the Deputy Collector Land Reforms, Udakishunganj dated 22.09.2014, passed in Land Dispute Case No. 176 of 2013-14, the said order is not being implemented.
It is the grievance that, though they approached the Collector of the district as well as the Deputy Collector Land Reforms, seeking implementation of the said order, but nothing has been done so far.
Rule 30 of the Bihar Land Disputes Resolution Rules, 2010 (hereinafter to be referred to as 'the Rules') states that the competent authority shall execute the order passed by him subject to order, if any, passed in appeal and if no appeal is filed within the prescribed period, the competent authority shall proceed to execute the said order either himself or authorize any other officer or employee to execute the same. The competent authority has been defined under Section 2 (a) of the Bihar Land Disputes Resolution Act, 2009 as the Deputy Collector Land Reforms or any officer assigned to discharge the functions and duties of the Deputy Collector Land Reforms in the Sub-division.
In such circumstance, this writ application is disposed of with a liberty to the petitioners to file an application before
Patna High Court CWJC No.11479 of 2017(4) dt.14-03-2019 3/3 the competent authority under Rule 30 of the Rules for execution of the order dated 22.09.2014, passed by the Deputy Collector Land Reforms, Udakishunganj.
(Chakradhari Sharan Singh, J) HR/- U