Ashok Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19975 of 2018 ====================================================== Ashok Chaurasia Son of Late Thukran Bhagat Resident of Vilalge-Narghoghi, P.S. Sarai Ranjan, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reform and Revenue Department of Land Reform and Revenue Government of Bihar.

2.

The Collector, Samastipur.

3.

The Sub-Divisional Officer, Samastipur 4.

The L.R.D.C. Samastipur 5.

The Circle Officer Sarairanjan, District-Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rishikesh Ojha, Advocate Mr. Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Mr. Shashank Kashyap, Advocate Ms. Sheehadri Kumari, Advocate Ms. Ishique Raj, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-12-2025 Heard the parties.

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

"for issuance of an appropriate writ/writs,order/directions in the nature of mandamus commanding and directing the respondents authority not to disturb the petitioner for their peaceful possession and not to settle the land in the name of different persons

2/4 through open bids measuring an area of 15 acres 36 decimals appertaining Kheshra No. 77, 233, 234, 235, 236, 178, and 1440 etc. from Khata No. 211 situated at mauza Narghoghi of Sarairanjan Circle in Samastipur District, which is the rayati land of the which on he has came in petitioner, possession through settlement by Mahantha of Narghoghi Math in the year of 1961-62 in the name of ancestral of Thukran Bhagat as Jamabandi (father of the petitioner) No. 70, 466 and Jamabandi No. 601) and letter on a compromise degree was passed on 07.11.2015 by learned sub-judge-I, Samastipur through title suit no. 130/2015 in favour of petitioner for the same land. After settlement by Mahanth the petitioner family came in possession over the settle land with full right title and interest. Their name was also mutated in record of right and since then paying to rent government. The respondent no. 4 also issue the land possession certificate for the same but in 2015-16 respondent has issued General to settled the Notice surplus land of the

3/4 math through open bids for which ceiling case was also going on and in the light of that general notice the respondent has illegally occupied the raiti land of the petitioner alongwith the surplus land of the math without prefer any notice or information to the and petitioners. Thereafter, petitioner and his father given various applications before the respondent but respondent high officials have not taken any strong steps to protect the right of the petitioner and now respondent no. 4 is going to prepare the settlement paper in the name different persons and finally ignore the rightful claim of the petitioner."

3. After some arguments, learned counsel for the petitioner candidly submits that he be granted opportunity to approach the appropriate authority, the respondent no. 2 (The Collector, Samastipur) for the redressal of the grievance.

4. Learned State counsel has no objection to it.

5. In that background, granting liberty to the petitioner to approach the concerned authority, the writ petition stands disposed of.

4/4

6. Needless to add, if the petition is preferred in next four weeks, the Collector, Samastipur shall be taking the matter to its logical conclusion after hearing all the parties and disposing it of in accordance with law at an earliest. (Rajiv Roy, J) Adnan/- U