Vidyadhar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4094 of 2023 ====================================================== Vidyadhar Pandey, Son of Late Ambika Pandey, R/o Village- Kalyanpur, P.S.- Durgawati, Dist.- Kaimur (Bhabua).

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Kaimur.

3.

The Addl. Collector, Kaimur.

4.

The Deputy Collector Land Reforms, Mohania, Distt.- Kaimur. 5.

The Circle Officer, Durgawati, Distt.- Kaimur. 6.

Dadhibal Yadav, S/o Deolal Yadav R/o Village- P.O.- Kalyanpur, P.S.- Durgawati, Distt.- Kaimur (Bhabua).

7.

Jitendra Yadav, S/o Late Ram Bachan Yadav R/o Village- P.O.- Kalyanpur, P.S.- Durgawati, Distt.- Kaimur (Bhabua).

8.

Amarendra Pandey, S/o Late Lal Bahadur Pandey R/o Village- P.O.- Kalyanpur, P.S.- Durgawati, Distt.- Kaimur (Bhabua). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Ram, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 02-08-2023 Heard learned counsel for the petitioner and the State.

2. The present writ petition has been filed for directing respondent No.5, namely, the Circle Officer, Durgawati, Kaimur to act upon the measurement report given by the government amin and remove the encroachment from the

Patna High Court CWJC No.4094 of 2023 dt.02-08-2023 2/3 inherited land of the petitioner and also ensure peaceful possession over the land of the petitioner. Further prayer has been made that respondent No.4, namely, the Deputy Collector Land Reforms, Mohania is sat over the matter, and as such the private respondents have grabbed the land of the petitioners.

3. In law, the Deputy Collector Land Reforms is the competent authority under the Bihar Land Disputes Resolution Act, 2009 (Act 4 of 2010) (hereinafter referred to as 'the BLDR Act') to execute its order as laid down under Section 15 of the BLDR Act.

4. Here in the present case, the petitioner is aged about 66 years and will come within the category of senior citizen and the State of Bihar has enacted special law namely, the Bihar Maintenance & Welfare of Parents & Senior Citizens Rules, 2012 (hereinafter referred to as the Rules of 2012'). Rule 21 of the said Act categorically indicates the provisions relating to the protection of life and property of senior citizens.

5. In the present facts and circumstances, the petitioner is directed to file an application before the Superintendent of Police, Kaimur for protecting his life and property within four weeks from the date of this order whereupon the Superintendent of Police, Kaimur is expected to

Patna High Court CWJC No.4094 of 2023 dt.02-08-2023 3/3 do the needful in accordance with the provisions of the Rules of 2012.

6. With the aforesaid direction and observation, the writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.08.2023 Transmission Date NA