Hari Shankar Bhar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19720 of 2016 ====================================================== 1.

Hari Shankar Bhar S/o Sheo Mangal Bhar, 2.

Dharmendra Bhar, S/o Late Lagan Bhar, Resident of village - Samhuti Tola Charakhiya Math, P.S. Bijaipur, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Collector, Gopalganj 3.

The Sub Divisional officer, Hathwa 4.

The Circle Officer, Bijaipur Anchal, District Gopalganj 5.

Dwarika @ Daroga Musahar, Son of Jaysaree Musahar, 6.

Gorakh Musahar, Son of Ramdhari Musahar, 7.

Amawas Musahar, Son of Harihar Musahar, 8.

Most. Dupati Devi, W/o Fulena Musahar and mother of Daroga Musahar 9.

Nathuni Musahar, S/o Timal Musahar, 10.

Singhasan Mushar, S/o Tiomal Musahar 11.

Banka @ Bunka Mushar, S/o Lakhan Mushahar, 12.

Visoranjan Musahar, S/o Respondent No. 5 to 12 are resident of village - Sarupati, P.S. Bijaipur, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Raj Kishore Roy-GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2025 No one appears on behalf of the petitioner though State is present.

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

"for issuance of writs in the nature of writ of certiorari for quashing the order dated 9.11.

2/4 199(Annexure-4) passed in Misc. (Land Ceiling) Case No. 13/95 passed by the Respondent No. 2 dismissing the Application ( Purportedly Appeal') filed by amongst other the petitioners under Section 22 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.

And The order of the Respondent No. 2 dated 15.1. 94 (Annexure-1) and the subsequent order dated 3.2. 1994 (Annexure-3) along with the recommendations of the Respondent No. 4 including his order dated 29.1. 1994 (Annexure-2) passed in Bijaipur Anchal Land Ceiling Surplus Land Settlement Case No. 1/93-94 arising from Land Ceiling case No. 231/7 of 73-74 in so far as they relate to the petitioners, whereby and where under the Respondent authorities have ordered settlement of the surplus lands of Charakhiya Math to 96 person including the lands pertaining to Khata No. 146, Khesara No. 96 Village Samhuti,P.S. Bijaipur, District Gopalganj with

3/4 Respondent Nos. 5 to 12 which area in cultivating possession of the petitioners since generations without disposing off the applications of the petitioners ignoring their genuine and bonafide claims.

And For issuance of a writ in the same nature for quashing the 'Purchas' granted in favour of the Respondent Nos. 5 to 12 without properly determining the rights of the petitioners over the lands in question.

And Further, for issuance of a writ in the nature of a writ of mandamus commanding the Respondents not to interfere with the physical possession of the petitioners over the lands in the question pertaining to which the 'Parchas' had been granted without Respondent Authorities determining the right full claim of the petitioners and disposing off their applications in accordance with law and further to forebear them from giving effect to the orders passed as contained in

4/4 Annexure -1, 2 and also the 'Parchas' granted by them to the Respondents Nos. 5 to 12."

3. For want of prosecution, dismissed.

(Rajiv Roy, J) Adnan/- U