Nagendra Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17042 of 2018 ====================================================== Nagendra Sah Son of Phudan Sah, Resident of Village- Prem Nagar, Police Station- Runni Saidpur, District- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3.
The Collector, District- Sitamarhi.
4.
The Sub-Divisional Officer, Sitamarhi Sadar, District- Sitamarhi. 5.
The Deputy Collector, Land Reforms, Sitamarhi Sadar, District- Sitamarhi. 6.
The Circle Officer, Runni Saidpur Circle, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Lal Das, Advocate For the State :
Mr. Dhurjati Kumar Prasad (GP-14) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed for seeking direction to the concerned respondent nos.3 to 6 for the settlement of Government land situated in the village Prem Nagar bearing Thana No.64, Plot No.2341, Khesra No.6030 measuring Area-1.05 decimal which is under the possession of the petitioner since long back who is an Ex-army Personnel and belongs to weaker section of the society. Further prayer has also been made for passing the final order relating to the settlement
Patna High Court CWJC No.17042 of 2018(2) dt.11-02-2025 2/3 of the land in question by the respondent no.6 in the light of the findings and recommendation of the respondent nos.4 to 6.
3. Learned Counsel for the State raised preliminary objection and submits that the said land which is being directed to be settled is originally bandh (dam) from the northern side and nala from eastern side which cannot be settled in the light of the direction of Bihar Government. Counsel submits that the report has been submitted by virtue of the spot verification of the Circle Officer, Runnisaidpur along with C.I Halka Karmchari, Anchal amin.
4. Learned Counsel for the petitioner in this background submits that petitioner is an Ex-Army Personnel and belongs to weaker section of the society, therefore, alternative land may be directed to be settled to him.
5. Learned Counsel for the State in this regard submits that, petitioner may be directed to file a fresh representation with all requisites for settlement of some other land.
6. In the light of the submissions made, this writ petition is hereby disposed off granting liberty to the petitioner to file a fresh representation before the concerned authority for settlement of the land being Ex-Army Personnel, but not the present land as the present land cannot be settled being bandh
Patna High Court CWJC No.17042 of 2018(2) dt.11-02-2025 3/3 (dam). Upon filing the fresh representation by the petitioner, the concerned authority shall take necessary action towards settlement of some other land to the petitioner in accordance with law within a stipulated period not more than six months. (Dr. Anshuman, J) Divyansh/- U