Sk. Mazharul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14367 of 2015 ====================================================== Sk. Mazharul Haque Son of Late S.K. Ismail Resident of Village Bakhrikol, P.S. K. Nagar, Maranga, District Purnea.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Purnea.

3.

The District Magistrate, Purnea.

4.

The Sub-Divisional Magistrate, Purnea.

5.

The Circle Officer, K. Nagar, Purnea.

6.

Sk. Akhtar Ali Son of Late Sk. Judhi 7.

Bibi Qamrunnissa W/o Sk. Asghar Ali Nos 6-7 are residents of Village Bakhrikol, P.S. K. Nagar Maranga, District Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Firoz Raza, Adv.

Mr. Shahrukh Shiddiqui, Adv.

For the Respondent/s :

Mr. Manoj Kr. Sinha, (AC to GA-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed directing the respondent authorities to get the land of the petitioner demarcated relating to Khata No. 114, Plot No. 145, 146 & 137, total area measuring 9 decimal under the Nagar Anchal District- Purnea.

3. Learned counsel for the petitioner submits that the petitioner is settlee of the said land by virtue of issuance of Basgit Parcha in favour of the petitioner under the Bihar

Patna High Court CWJC No.14367 of 2015(2) dt.10-08-2023 2/3 Privileged Persons Homestead Tenancy Act, 1947 [Bihar Act IV of 1948] (hereinafter referred to as 'the Act of 1947').

4. Learned counsel for the petitioner further submits that the order of issuing Basgit Parcha was challenged by the private respondents under Section 21 of the Act of 1947, which was dismissed, thereafter the private respondents traveled and opposes that Parcha up to the Bihar Land Tribunal, Patna in B.L.T. Case No. 94 of 2013 which was also dismissed. Thereafter, the petitioner has filed a petition before the Collector, Purnea on 20.06.2014 to demarcate his land but nothing happened. Thereafter, the petitioner has also filed petition before the S.D.O. Sadar, Purnea on 03.09.2014 and thereafter before the Commissioner, Purnea on 12.09.2014 but nothing happened.

5. Learned counsel for the State submits that if the matter has been decided up to the Bihar Land Tribunal, Patna in favour of the petitioner, then in that view of the matter, he may be directed to file a fresh representation before the Collector, Purnea for redressal of his grievances.

6. In this view of the matter, let the petitioner is directed to file a fresh representation within 4 weeks from today alongwith all the orders which he has mentioned in the writ

Patna High Court CWJC No.14367 of 2015(2) dt.10-08-2023 3/3 petition and the Collector, Purnea upon going through his representation shall not only pass a reasoned and speaking order but shall also do all the needful for compliance of the order which has been held up to the Bihar Land Tribunal, Patna, if there is no shadow on the order by any other Higher Court.

7. With this observation, the present writ application is disposed of.

(Dr. Anshuman, J.) sadique/- U