Rabindra Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14365 of 2015 ====================================================== Krishna Murari Panjiyara Son of Late Chandra Nand Panjiyara Resident of Village Makwa, Post Office Makwa, Via Asarganj, Police Station Asarganj, District Munger.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna.
2.
The Collector, Munger.
3.
The Deputy Collector Land Reform, Munger.
4.
The Circle Officer, Asarganj, Munger.
5.
Bhoodan Yagna Committee, through Bhoodan Yojna Karyalaya, Fort Area Munger, District Munger.
6.
Bipin Yadav Son of Chandra Yadav Resident of Village Makwa, Post Office Makwa, Via Asarganj, Police Station Asarganj, District Munger. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14212 of 2015 ====================================================== Rakesh Ranjan Son of Late Ravindra Prasad Sah @ Rabindra Prasad Resident of Mohalla Shiv Mandir, Ward no. 02, P.S.- Aserganj, Post Office Makwa, District- Munger.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Patna.
2.
The Collector, Munger 3.
The Deputy Collector Land Reforms, Munger 4.
The Circle Officer, Asarganj, Munger.
5.
Bhoodan Yagna Committee, through the Bhoodan Yojna Karyalaya, Fort Area Munger District Munger.
6.
Neelam Devi, Wife of Umesh Yadav Resident of Village - Makwa, Post Office Makwa, Via Asarganj, Police Station - Asarganj, District - Munger. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 14365 of 2015) For the Petitioner/s :
Mr.J.S.Arora, Sr.Adv.
Mr.Harshwardhan Sahay, Adv.
For the State :
Mr.Abbas Haider, SC-6 For the Respondent :
Mrs.Sushmita Mishra, Adv.
Patna High Court CWJC No.14365 of 2015(4) dt.21-06-2023 2/3 Mr.Kunal Kamal Nayal, Adv.
(In Civil Writ Jurisdiction Case No. 14212 of 2015) For the Petitioner/s :
Mr.Harshwardhan Sahay, Adv.
For the Respondent/s :
Mr.Abbas Haider, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2023 As far as the aforesaid two writ petitions are concerned, the prayer is to quash the orders dated 21.05.2015 and 29.05.2015, passed by the Circle Officer, Asarganj, in connection with Ejectment Case No. 3 of 2015-16, purportedly under Section 14 A of the Bihar Bhoodan Yagna Act, 1954. It is pointed out that there is a provision of appeal under Section 17(1) of the aforesaid Bihar Bhoodan Yagna Act, 1954. In such view of the matter, the learned senior counsel, appearing for the petitioners of both the aforesaid two cases not only seeks liberty on behalf of the petitioners to file appropriate appeal before the Appellate Authority but also seeks nod to raise all issues including the one pertaining to invalidity of parcha issued in favour of the private respondents, as well. Liberty so sought is granted.
It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, by the aforesaid two petitioners, the Appellate Authority shall consider the same on merits without being impeded by the issue of limitation and pass a reasoned and a speaking order, in accordance with law,
Patna High Court CWJC No.14365 of 2015(4) dt.21-06-2023 3/3 after hearing the affected parties, within a period of eight weeks, thereafter.
It is needless to state that in case appropriate appeal is filed by the petitioners of the aforesaid two cases within a period of four weeks from today, status quo existing as on today qua the land/houses of the petitioners in question shall be maintained till the disposal of the appeals to be filed by the petitioners. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) sonal/- U