Rajendra Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6573 of 2023 ====================================================== Rajendra Pal Son of Late Gupteshwar Pal, resident of Village - Dhawani, P.O. Dhawani, Anchal and P.S. - Karakat, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary-cum-Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Rohtas at Sasaram. 3.

The Joint Director, Consolidation (HQ), Bihar, Patna. 4.

The Deputy Consolidation Director, Bihar, Patna. 5.

The Consolidation Officer, Karakat Anchal, District - Rohtas. 6.

The Assistant Consolidation Officer, Karakat Anchal, District Rohtas at Sasaram.

7.

The Circle Officer, Karakat Anchal, District - Rohtas. 8.

Ajay Kumar Singh, Son of Late Rama Singh, Resident of Village- Dhawani, P.O. Dhawani, Anchal and P.S.Karakat, District - Rohtas. 9.

Uma Shankar Singh, Son of Late Rama Singh, Resident of VillageDhawani, P.O. Dhawani, Anchal and P.S. Karakat, District - Rohtas. 10.

Praveen Kumar Singh, son of Late Suchit Singh, Resident of VillageDhawani, P.O. Dhawani, Anchal and P.S.Karakat, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Niwas Prasad, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan, (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 11-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed against the order dated 16.02.2023 in B.L.T. Case No. 111 of 2022 passed by the Bihar Land Tribunal, Patna.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.6573 of 2023 dt.11-09-2023 2/3 the order passed by Bihar Land Tribunal, Patna is absolutely bad in law as setting aside the order passed by the Joint Director, Consolidation (HQ), Patna in Consolidation Revision Case No. 108 of 2019 is absolutely in accordance with law and fit to be sustained.

4. Learned counsel for the State submits that only one point is involved in the present case i.e. the revision application was filed after a long gap of 32 years by the opposite party no. 5. The matter was settled between the parties, as the ancestors of the present petitioner have acted upon and settled their matter but after a long gap of 32 years, the revision application was challenged and only on this ground alone, the Bihar Land Tribunal, Patna has interfered.

5. Upon going through the case, this Court is of the view that the finding of the Bihar Land Tribunal, Patna is absolutely in accordance with law that anything which is inserted in registered wajidawa has been requested by the parties to be acted upon and the matter was completely settled 32 years back, then it shall not be proper for the Joint Director, Consolidation (HQ), Patna to interfere and create a long litigation between the parties once again and, therefore, the Bihar Land Tribunal, Patna has set aside the order passed by the

Patna High Court CWJC No.6573 of 2023 dt.11-09-2023 3/3 Joint Director, Consolidation (HQ), Patna.

6. This Court finds that there is no illegality in the order and, therefore, the present writ application is hereby dismissed.

(Dr. Anshuman, J.) sadique/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.09.2023 Transmission Date NA