Susheela Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14869 of 2016 ====================================================== Susheela Devi W/o Amar Nath Sharma, Resident of Village- Krishnawara, P.S.- Patepur, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Collector Dist.- Vaishali at Hajipur Revenue Department Bihar, Patna. 3.

The Circle Officer Patepur Anchal Patepur Distt.- Vaishali at Hajipur. 4.

Santlal Paswan Now Died, S/o Late Prabhu Paswan. 5.

Shankar Paswan S/o Late Prabhu Paswan 6.

Dayali Paswan, S/o Late Prabhu Paswan 7.

Gauri Paswan, S/o Late Prabhu Paswan All resident of VillageKrishnawara, P.S.- Patepur Distt.- Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No-1 For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief(s):- (i) For a direction to the Collector, Vaishali at Hajipur i.e. respondent No. 2 to adjudicate the Bashigat Purcha Appeal No. 37 of 2009 immediately which is preferred against the order dated 27-05-2009 passed by the Anchala Adhikari of Patepur Panchayat in Basgit Purcha Case No. 17 of 2008-09 whereby and whereunder Basgit Purcha in favour of respondents No. 4 to

Patna High Court CWJC No.14869 of 2016(2) dt.24-03-2025 2/3 7 have been issued from her purchased dwelling land. (ii) For any other relief (s), for which the petitioner is entitled to in the facts and circumstances of the case.

3. The private respondents are the allottees/settlees of the land, in question, which was settled to them vide order dated 27-05-2009 passed by Circle Officer, Patepur in Basgit Purcha Case No. 17/2008-09.

4. At the time of filing of this writ petition, the petitioner's appeal was pending before the Collector, Vaishali at Hajipur. The petitioner had filed that appeal before the Collector on the ground that the land, in question, was settled in favour of the private respondents in utter ignorance/violation of the guidelines for settlement of the land. During pendency of this writ petition, the Collector, Vaishali at Hajipur has decided the appeal vide order dated 10-02-2024 dismissing the appeal of the petitioner.

5. The grievance of the petitioner is that the appellate authority without giving opportunity of being heard to the petitioner, has passed the order in the aforesaid appeal.

6. The petitioner may take recourse of the alternative remedy, provided to him under Section-9 of B.L.T. Act, 2009.

7. If the petitioner files a petition before the Bihar

Patna High Court CWJC No.14869 of 2016(2) dt.24-03-2025 3/3 Land Tribunal, within a period of four weeks from today, the same shall be disposed of on its own merit within a period of three months.

8. With the aforesaid observation/direction, this writ petition stands disposed of.

(Nawneet Kumar Pandey, J) A.K.V.//- U