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Patna High CourtCWJC/4326/2024disposed

Debu Ram v. The State Of Bihar

2024-06-25Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4326 of 2024 ====================================================== 1.

Debu Ram Son of Late Ayodhi Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul.

2.

Heera Lal Ram Son of Late Ayodhi Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul.

3.

Dhuthri Devi Wife of Late Parmeshwari Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul.

4.

Yogendra Ram Son of Late Parmeshwari Ram Resident of VillageNandana, P.S.- Jadia, District- Supaul. 5.

Neera Devi Wife of Late Mahendra Ram, Daughter of Late Parmeshwari Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul. 6.

Praveen Kumar Son of Late Mahendra Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul.

7.

Sumitra Devi Wife of Late Singheshwar Ram, son of Late Ayodhi Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul. 8.

Ramesh Ram Son of Late Singheshwar Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul.

9.

Rajesh Ram Son of Late Singheshwar Ram Resident of Village- Nandana, P.S.- Jadia, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector of the District, Supaul.

3.

Deputy Collector Land Reform, Supaul.

4.

Anchal Adhikari, Trivveniganj, Supaul.

5.

Nawal Kishore Choudhary Wife of Late Ziya Lal Choudhary Resident of Village- Chainpur, P.S.- Kumar Khand, District- Saharsa. 6.

Aurn Kumar Jaiswal Son of Late Baijnath Singh Resident of VillageChainpur, P.S.- Kumar Khand, District- Saharsa. 7.

Shiv Kumar Jaiswal Son of Baijnath Singh Resident of Village- Chainpur, P.S.- Kumar Khand, District- Saharsa.

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

For the Petitioner/s :

Mr. Kumar Malendu, Advocate For the Respondent/s :

Mr. Government Pleader 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2024 Heard the parties.

Patna High Court CWJC No.4326 of 2024(2) dt.25-06-2024 2/3

2. The present petition has been preferred for the following reliefs:- (i) for initiating the proceeding u/s 48D of the Bihar Tenancy Act (in short B.T. Act), for which petitioners have already filed an application on 12.12.20 (Anx-P/4) on proper format;

(ii) for directing the state respondents especially respondent no.4 to dispose of the application (Anx-P/4) in accordance with law which is pending before him since long under section 48 D of the B.T. Act, within framed time as the petitioners fulfill all the prescribed criteria u/s 48 C and u/s 48 D of the Act;

(iii) subsequently directing the respondents to open of zamabandi in the name of the petitioners, to grant rent receipt in their favour according to the provision of the B.T. Act after holding the petitioners as occupancy raiyat as provided under section 48D of the Bihar Tenancy Act;

(iv) directing the respondents to grant/hold the status of raiyat to the petitioner as provided u/s 48 D of the B.T. Act.

3. Learned Counsel for the petitioners submit that he would be satisfied if his petition pending before the respondent no. 4, the Circle Officer, Triveniganj, Supaul is disposed of.

4. Learned State Counsel has no objection.

Patna High Court CWJC No.4326 of 2024(2) dt.25-06-2024 3/3

5. In that background, the writ petition stands disposed of with a direction to the respondent no. 4, the Circle Officer, Triveniganj, Supaul to dispose of the petition of the petitioners (Annexure-4) in next four months after hearing all the necessary parties.

(Rajiv Roy, J) Neha/- U