Parma Nand Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3137 of 2018 ====================================================== Parma Nand Yadav Son of Murlidhar Yadav, Resident of Village- Alipur, P.O.- Nawada Bazar, P.S.- Rajaun, District- Banka, At present J.C.N.Y.A. 14919284 W Rank-NB/SUB, MECHINE (1 Madras) A Coy C/ 56APO. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Commissioner, Bhagalpur Division, Bhagalpur, Bihar. 4.

The District Collector, Banka, Bihar.

5.

The Deputy Collector, Land Reforms, Banka, Bihar. 6.

The Circle Officer, Block Rajaun, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Prasad Singh, Advocate Mr. Pushpendra Priyedarshi, Advocate For the Respondent/s :

Md. Khurshid Alam- AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for the following relief(s):

"(i) For issuance of an appropriate writ, order or direction to the respondents for allotment of land of the petitioner who is serving Soldier No.14919284W.N.K in Indian Army accordance with notification issued by the Government of India vide letter no.25923/CLL/AD/ESSBI/196/S/D/H dated 15.01.1964 which is addressed to all State Government and Administration.

And/or Pass such other order or orders, direction

Patna High Court CWJC No.3137 of 2018(5) dt.22-03-2023 2/2 or directions as your Lordships may deem fit and proper."

The case of the petitioner in brief is that having served as a soldier in the Indian Army, he filed an application in the year 2001 for allotment of land. Inspite of the same being recommended by the respondent authorities, the land was not allotted inspite of the petitioner pursuing the same and running from pillar to post.

Having heard learned counsel for the parties and taking into consideration that from the contents of the writ application itself, it would transpire that the so called application of the petitioner was filed as far back as in the year 2001 and he has chosen to approach this Court after a delay of almost 20 years.

In the facts of the case, the Court is not inclined to exercise it's discretion under Article 226 of the Constitution of India in view of the inordinate and unexplained delay of almost 20 years in preferring this writ application. The application is dismissed.

The petitioner will be at liberty to pursue his case before the respondent authorities.

(Partha Sarthy, J) Saurabh/- U