Ram Sewak Das And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17246 of 2017 ====================================================== 1.

Ram Sewak Das and Ors Son of Sri Sakhi Chandra Das, 2.

Majid Mian, Son of Late Latif Mian, 3.

Adbul Mian, Son of Late Latif Mian, 4.

Jalil Mian, Son of Late Siddique Mian, 5.

Sukhdeo Mahto, Son of Late Karu Mahto, 6.

Leela Mahto, Son of Late Sadhu Mahto, 7.

Mahadeo Mahto, Son of Late Tanuk Mahto, 8.

Shatrughan Das, Son of Late Ram Gulam Das, 9.

Ramashish Mahto, Son of Late Bajrangi Mahto, 10.

Ram Bali Mahto, Son of Late Bajrangi Mahto, 11.

Meena Devi, Wife of Upendra Ram, null 12.

Sukhdeo Rajak, Son of Late Kali Baitha, 13.

Ram Das Rajak, Son of Late Kali Baitha, 14.

Hari Lal Rajak, Son of Late Kali Baitha, 15.

Bisheshwar Ram, Son of Late Mangru Ram, 16.

Ram Sakhi Devi, Wife of Late Sanichar Ram, 17.

Bodhan Ram, Son of Late Chhethu Ram, 18.

Ram Balak Ram, Son of Late Paltu Ram, 19.

Jarahu Mahto, Son of Late Biro Mahto, 20.

Kanti Devi, Daughter of Barhu Mahto, 21.

Tilkeshwar Mahto, Son of Bhola Mahto, 22.

Uma Shankar Prasad, Son of Late Ganga Prasad Mahto, 23.

Anil Kumar, Son of Late Ganga Prasad Mahto, 24.

Bhola Rai, Son of Late Sonu Gope, 25.

Rajoo Devi, D/o Jageshwar Gope, Wife of Sri Ram Ji Rai, All residents of Village- Ajnail Dih, P.O.P.S.- Dalsing Sarai, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Additional District Magistrate, Samastipur. 3.

The Deputy Collector Land Reforms Dalsing Sarai, District- Samastipur. 4.

The Sub Divisional Officer, Dalsing Sarai, District- Samastipur. 5.

The Bhoodan Committee, through its Chairman, Bihar, Patna. 6.

The Chairman, Bhoodan Commitee, Bihar, Patna. 7.

The Regional Officer cum Officer/Mantri District Bhoddan Officer,

2/5 Samastipur.

8.

Lakhmeshwar Chaudhary, 9.

Bhushan Chaudhary, 10.

Surendra Chaudhary, 11.

Anil Chaudhary, 8 to 11 are sons of Late Ram Avtar Chaudhary, All resident of VillageP.O.- Kewta, P.S.- Dalsing Sarai, District- Samastipur. 12.

Sri Ram Chaudhary, Son of Baleshwar Chaudhary, R/o Village- Dularpur, P.O.P.S.- Teghra, District- Begusarai.

13.

Bharat Sah, Son of Late Bhaglu Sah, 14.

Bishnudeo Sah, Son of Late Anup Sah, 15.

Anita Devi, Wife of Late Raja Ram Sah, 16.

Kari Sah, Son of Late Jayan Sah, 17.

Surendra Sharma, Son of Late Pyare Sharma, 18.

Devendra Sharma, Son of Late Pyare Sharma, All residents of VillageAjnail Dih, P.O.P.S.- Dalsing Sarai, District- Samastipur. 19.

Ram Bahadur Sahni, Son of Late Kanchan Sah, 20.

Nanki Sahni, Son of Late Kanchan Sahni, 21.

Hari Charan Sahni, Son of Late KAnchan Sahni, All residents of VillageAjnail Bahapur, P.O.P.S.- Dalsing Sarai, District- Samastipur. 22.

Bhola Thakur, Son of Late Basudeo Thakur, 23.

Arvind Thakur, Son of Late Shobha Kant Thakur, 24.

Dilip Thakur, Son of Late Shobha Kant Thakur, 25.

Satish Thakur, Son of Late Shobha Kant Thakur, 26.

Shiv Kant Thakur, Son of Late Ajab Lal Thakur, 27.

Navo Nand Thakur, Son of Late Ajab Lal Thakur, 28.

Shobha Thakur, Son of Late Tej Narayan Thakur, All residents of VillageAjnail Dih, P.O.P.S.- Dalsing Sarai, District- Samastipur. 29.

Ram Swarath Chaudhary, S/o Late Sukh Ram Chaudhary, 30.

Ram Kishore Chaudhary, S/o Late Sukh Ram Chaudhary, 31.

Uma Kant Chaudhary, Son of Late Bhola Chaudhary, 29 to 31 are resident of Village- Jalij Path, P.O.P.S.- Dalsing Sarai, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Sanjay Kumar Singh, Adv.

For the Respondent/s :

Mr. Birendra Prasad Singh-Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2025 Heard learned counsel for the petitioners and the

3/5 State.

2. The present writ petition has been preferred for the following relief(s):

(i) To issue an appropriate order / orders, direction /directions including a writ preferably in the nature of MANDAMUS commanding and directing upon the Respondents to effect the delivery of possession with respect to land (description being given hereunder) in favour of the petitioners whose fathers / grand fathers have been allotted land under the Bhoodan Yojna Act 1954 and subsequently dispossessed at the lands of private respondents as it is evident from the perusal of Letter No. 1359 dated 06.07.2013 of Additional Collector Samastipur.

(ii) To direct the respondent no. 1 execute the order as contained in Letter No.

1359 dated 06.07.2013, who has held that petitioners have been dispossessed from their respective land and directed all the Circle Officers of Samastipur District to sent the compliance report regarding same.

(iii) To direct the respondents to protect the petitioners from eject ment of their land granted to them under section 14 of Bhoodan Yojna Act 1954 since they are holdings valid Praman-patra.

4/5 (iv) To and any other relief to which the petitioners are entitled in facts and circumstances of the case.

3. It is the case of the petitioners that they were allotted land through Bhoodan Committee but actual possession was never given to them. Those opposing the petitioners approached this Court in CWJC NO. 1360 of 2014 (Ram Bahadur Sahni Vs. State of Bihar & Ors.) which came to be dismissed as withdrawn on 28.04.2016 (Annexure-17 to the petition). Thereafter, they have repeatedly represented before the concerned authorities including the Collector, Samastipur (Annexure- 18 and 19) without any fruitful result.

4. As usual, despite handing over the copies to the learned State Counsel eight years ago, there is no reply on behalf of the Collector, Samastipur.

5. In that background, keeping the case pending for another year seems unjustified when the petitioner's case is that despite the land allotted to them, they being landless, the respondents are not taking note of the fact.

6. In that background, the writ petition is disposed of directing the petitioners to approach individually before the Collector, Samastipur in next four weeks who shall be taking the matter to its logical conclusion in next four months once the

5/5 petition is received in his/her office.

7. In case, those who are found entitled to the possession of the land, the appropriate steps shall be taken by the office of the Collector, Samastipur in next two months.

8. Entire process is to be completed by 31st of January, 2026.

9. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U