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Patna High CourtCWJC/4706/2024disposed

Md. Ekbal Alam @ Ekbal Alam v. The State Of Bihar

2024-06-27Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4706 of 2024 ====================================================== Md. Ekbal Alam @ Ekbal Alam Son of Md. Salauddin @ Md. Salahuddin, Residing at Fandampur, P.S. -Sanhola, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Revenue and Land Reform, Department, Govt. of Bihar, Patna.

3.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 4.

The Collector, Bhagalpur, District- Bhagalpur. 5.

The Land Reform Deputy Collector, Kahalgoan, District- Bhagalpur. 6.

The Anchaladhikari, Sanhola, District- Bhagalpur. 7.

Manoj Sah, Son of late Narayan Sah Resident of Village- Sanhola, P.S.- Sanhola, District- Bhagalpur.

8.

Rajo Sah, Son of Late Shiv Narayan Sah Resident of Village- Sanhola, P.S.- Sanhola, District- Bhagalpur.

9.

Dharmendra Sah, Son of Late Shiv Narayan Sah Resident of VillageSanhola, P.S.- Sanhola, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2024 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

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

(i) for issuance of writ application is being filed for issuance of writ nature of certiorari for quashing the order dated 27.09.2023 passed in

Patna High Court CWJC No.4706 of 2024(2) dt.27-06-2024 2/3 Execution Case No. 74/2023-24 passed by Land Reform Deputy Collector, Kahalgoan by which dismissed the execution case in the light of the order dated 29.03.2023 passed in CWJC No.9536/2022 and order dated 03.04.2023 passed in CWJC No.6559/2020;

(ii) for further issue direction to respondents for comply the order dated 13.08.2022 passed by Land Reform Deputy Collector, Kahalgaon in Land Dispute Redressal Case No.

44/2021-22 by which directed to the Anchaladhikari, Sanhola for demarcation of the land of the petitioner and also directed remove the illegal construction within three months said very order has been affirmed by the Divisional Commissioner, Bhagalpur vide order dated 01.08.2023 passed in BLDR Appeal Case No.33/2022-23.

3. After some arguments, learned counsel for the petitioner submits that he will challenge the order of the Deputy Collector Land Reforms, Kahalgaon, Bhagalpur before the appropriate authority.

4. Learned State counsel submits that instead of rushing before the Writ Court, he should have moved before the appropriate authority on earlier occasion itself.

5. Be that as it may, since now the petitioner is ready

Patna High Court CWJC No.4706 of 2024(2) dt.27-06-2024 3/3 to approach before the appropriate authority in next four weeks, it would be appropriate that the concerned authority shall take into account the fact that the writ petition was pending before this Court while taking up the limitation petition.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U