Kumar Lal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6584 of 2020 ====================================================== Kumar Lal Mishra, son of Markanday Mishra, Resident of Ward - 11, VillageBarsam, P.o.- Barsam, P.s.- Rudrapur, District- Madhubani ... ... Petitioner

Versus

1.

The State of Bihar through Secretary, Revenue and Land Reform 2.

The Commissioner, Darbhanga Division, Darbhanga 3.

The District Collector, District- Madhubani 4.

The Sub Divisional Officer, Jhanjharpur, District- Madhubani 5.

The Deputy Collector and Land Reform Officer, Jhanjharpur, DistrictMadhubani 6.

The Circle Officer, Circle- Andhra Thadhi, District- Madhubani 7.

The Mohammad Kafil Ansari S/o Late Laskari Ansari, Village- Barsam (Mointola), Post- Barsam, P.s.- Rudrapur, Circle- Andhra thadhi, DistrictMadhubani ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Mohan Mishra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 03-12-2021 Heard learned counsel for the petitioner and learned counsel for the State. 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 the following reliefs as formulated by the petitioner-

Patna High Court CWJC No.6584 of 2020 dt.03-12-2021 2/3 "(i) To issue appropriate writ, order and direction to the respondent specially respondent Circle Officer, Andhra Thadhi, District Madhubani to enforce the order passed in favour of petitioner by respondent Deputy Collector cum Land Reform Officer, Jhanjharpur in ceiling case no.07 of 2012-13 and hand over the physical possession of land to the petitioner.

(ii) To hold and declare that the petitioner is valid owner of the land in view of the order passed in ceiling case no-7 of 2012-13 dated 06.07.2013 and subsequent registration of land made by Dy. Collector cum Land Reform Officer, Jhanjharpur, DistrictMadhubani (In short DCLR) on 24.03.2015 in favour of petitioner, as such, respondents are legally responsible to hand over the possession of land to the petitioner.

(iii) To pass any other writ/writs, order/orders, direction/directions as deem fit and proper".

3. At the very outset, learned counsel for the petitioner invites a reference to the order dated 18.06.2018 passed by DCLR, Jhanjharpur (Annexure-P/8) by which, inter alia, the Circle Officer, Andhra Thadhi, Madhubani has been directed to ensure delivery of possession of the subject land to the petitioner. It is submitted however that despite the aforesaid order, possession of the land has yet to be handed over to the petitioner.

4. Learned counsel for the State appears and has been heard.

Patna High Court CWJC No.6584 of 2020 dt.03-12-2021 3/3

5. Having regard to the nature of the grievances of the petitioner, the writ petition is disposed of with liberty to the petitioner to approach the D.C.L.R, Jhanjharpur, Madhubani (respondent no.5) within two weeks hereof for redressal of his grievances.

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

(Vikash Jain, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 03.12.2021 Transmission Date N.A.