Shivnath Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8748 of 2018 ====================================================== Shivnath Paswan, Son of Late Bulaki Hazra, Resident of Village- Janerwa, P.O. & P.S.- Banjaria, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner, Tirhut Division, Muzaffarpur, Bihar.

3. The District Magistrate, Motihari, East Champaran.

4. The Sub Divisional Officer, Sadar, Motihari, East Champaran.

5. The D.C.L.R., Sadar, Motihari, East Champaran.

6. The Circle Officer, Banjariaa Sadar, Motihari, East Champaran.

7. Dadan Paswan,

8. Shambhu Paswan,

9. Gulab Paswan,

10. Sudarshan Paswan,

11. Gopi Chand Paswan, All are son of Late Muneshwar Paswan,

12. Dukhi Paswan, Son of Khenari Paswan,

13. Lal Babu Paswan,

14. Sheo Shankar Paswan,

15. Vijay Shankar Paswan, Respondent nos. 12 to 15 are sons of Raktu Paswan, All are resident of Village- Janerwa, P.O. and P.S.- Banjaria, Anchal- Banjaria, District- East Champaran.

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

For the Petitioner/s :

Mr. Pravin Kumar, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam- AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 18-06-2018 Heard learned counsel for the petitioner and the Respondent-State.

The present writ application has been filed for a direction to the Respondent authorities to restrain Respondent nos.7 to 15 from interferring with the peaceful possession of the petitioner over the land appertaining to Khata No.354, Plot Nos.3514, 3516 and 3513, which were settled in favour of the

Patna High Court CWJC No.8748 of 2018 dt.18-06-2018 2/2 petitioner. Even vide order dated 26.05.2012 passed by Respondent no.5, the DCLR, Sadar, Motihari, the Respondent no.6, in Case No.17 of 2011-12, as contained in Annexure-2, whereby, the Circle Officer, Banjaria, Sadar, Motihari has been directed to restrain Respondent nos. 7 to 15 from creating any hindrance over the peaceful possession of the petitioner over the land in question. The said order has been affirmed by Respondent no.2, the Commissioner, Tirhut Division, Muzaffarpur vide order dated 03.02.2015, passed in BLDR Appeal No.310 of 2012, as contained in Annexure-3.

Since there is specific provision under Section 15 of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as the 'Act of 2009') for execution of the final order passed under the Act of 2009 and there is nothing on record to suggest that the petitioner has resorted to avail remedy under the aforesaid provision, this writ application is being disposed of with a liberty to the petitioner to approach the appropriate forum for execution of the final order passed under the Act of 2009.