Amrendra Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6332 of 2020 ====================================================== Amrendra Narayan Singh, aged about 50 years, Male, Son of Late Jalandhar Singh Resident of Village- Kajhi, P.S. Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Collector, Purnea.

3.

The Deputy Collector, Land Reforms, Purnea.

4.

Satish Kumar Singh Son of Late Indradeo Singh 5.

Bipin Kumar Singh Son of Late Indradeo Singh 6.

Prabhakar Singh Son of Late Gannath Singh Resident of Village- Kajhi, P.S. Banmankhi, District- Purnea.

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Arif Dulk Sidiquie, AC to SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 26-11-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present writ petition has been filed for "issuance a direction to the court of the Deputy Collector, Land Reforms, Purnea to get the sale deed executed in favour of the petitioner in respect of Land subject matter of Land Ceiling Case no. 50 of 1984-85/1987-88 wherein the order dated 28.08.1990 could have

2/4 been passed in favour of the petitioner and the same has been upheld till the Additional Member Board of Revenue, Patna passed order dated 25.05.2005 in District Revenue, Patna passed order dated 25.05.2005 in District Purnea No. 83 of 2002. After the order passed by Additional Member Board of Revenue, the Additional Collector, Purnea vide order dated 18.08.2018 passed in Appeal No. 277 of 1991-92 has directed the D.C.L.R., Banmankhi (now) to execute sale deed in favour of the ApellantPetitioner and money deposited in Treasury may be allowed to be withdrawn by the heirs of deceased Indradeo Singh and heirs of deceased Jannath Singh according to law and price indicated in the sale deed shall be released by the heirs of deceased Indradeo Singh, but the D.C.L.R. Banmankhi slep in slumber and has not executed sale deed in favour of the petitioner and has not made other compliance."

3. Learned counsel for the petitioner makes a short submission to support his claim that the petitioner is entitled to the sale deed being executed in his favour. It is submitted that after a series of litigation, the matter was finally decided in favour of the petitioner in terms of the order dated 18.08.2018 passed by the Additional Collector, Purnea in Appeal Case No. 277 of 1991-92 (Annexure-5) wherein, inter alia, a direction has been issued to the

3/4 D.C.L.R., Banmankhi to execute the requisite sale deed in favour of the petitioner.

4. It is stated that in the light of the aforesaid order dated 18.08.2018 of the Additional Collector, the petitioner moved the D.C.L.R., Banmankhi, who in turn issued notices to the parties as is evident from the petitioner's subsequent representation dated 12.12.2018 before the Additional Collector, Purnea but, no further action appears to have been taken.

5. Learned counsel for the respondents appears and has been heard.

6. Having regard to the nature of the grievance of the petitioner, this Court is of the view that the ends of justice will be met by directing the D.C.L.R., Banmankhi to consider and dispose of the petitioner's representation said to have been filed in the light of the order of the Additional Collector, if still pending, after grant of opportunity of hearing to the parties, expeditiously and in any event preferably within a further period of twelve weeks from the date of receipt/production of a copy of this judgment.

7. The writ petition accordingly stands disposed of.

8. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1

4/4 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.12.2021 Transmission Date