Biran Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7246 of 2025 ====================================================== 1.

Biran Sah Son of Kishun Sah Residence of Village- Hadhadiya, P.O.- Dighi, P.S.- Mohanpur, Anchal- Laxmipur, District- Jamui. 2.

Mahesh Saw, Son of Kishun Sah Residence of Village- Hadhadiya, P.O.- Dighi, P.S.- Mohanpur, Anchal- Laxmipur, District- Jamui. 3.

Kapil Sah, Son of Kishun Sah Residence of Village- Hadhadiya, P.O.- Dighi, P.S.- Mohanpur, Anchal- Laxmipur, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, P.O.- Sachivalay, P.S.- Sachivalay, District- Patna. 2.

The Additional Chief Secretary, Land Reforms Department, Govt. of Bihar, Patna, at- Vikash Bhawan, P.S.- Shashtri Nagar, District- Patna. 3.

The District Magistrate, Jamui, At and P.O. and P.S. and District- Jamui. 4.

The Additional District Magistrate, Jamui, At and P.O. and P.S. and DistrictJamui. 5.

The Circle Officer, Laxmipur, At and P.O. and P.S.- Laxmipur, DistrictJamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Respondent/s :

Ms. Anuradha Singh, SC-21 Mr. Shatabdi Sinha, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2025 1.

Heard learned counsel for the petitioners and learned SC-21.

2.

The learned SC-21, at the outset, submits that the petitioners have rushed to this Court against the order dated 2311-2024 passed by the Additional Collector, Jamui, in Jamabandi Cancellation Case No. 136 of 2024, wherein Jamabandi Nos. 789 and 119 standing in the name of the father

2/4 of the petitioner No. 1 has been cancelled. It is next submitted that petitioners have remedy of appeal against the order dated 23-11-2024 passed by the Additional Collector, Jamui, in Jamabandi Cancellation Case No. 136 of 2024, but then petitioners, without availing the remedy of appeal, have rushed to this Court, on which the learned counsel appearing on behalf of the petitioners submits that the order dated 23-11-2024 passed by the Additional Collector, Jamui, in Jamabandi Cancellation Case No. 136 of 2024 till date has not been supplied to the petitioners, despite petitioners filing a requisition for obtaining the same.

3.

Learned counsel for the petitioners next submits that first requisition was filed by the petitioners after the order dated 23-11-2024 was passed, but then the same was not supplied to them, thereafter again the petitioners on 19-4-2025 applied for obtaining certified copy of the order dated 23-112024 in Jamabandi Cancellation Case No. 136 of 2024, but then also the same till date has not been supplied to the petitioners. It is further submitted that no doubt the petitioners, in the instant writ application, have challenged the order dated 23-11-2024 in Jamabandi Cancellation Case No. 136 of 2024 by annexing the photocopy of the order dated 23-11-2024, but then the order

3/4 dated 23-11-2024 was provided to them by the police officials, who had come on the land in dispute for dispossessing them. It is submitted that in absence of certified copy, the petitioners could not file their appeal before the Collector against the order dated 23-11-2024 in Jamabandi Cancellation Case No. 136 of 2024.

4.

The learned standing counsel at this stage submits that no doubt in the supplementary affidavit, it has been pleaded at paragraph 6 that petitioners again on 19-4-2025 filed chirkut for obtaining the order dated 23-11-2024 in Jamabandi Cancellation Case No. 136 of 2024, but then it is fairly submitted that if petitioners again file a chirkut for obtaining the certified copy of the order dated 23-11-2024 in Jamabandi Cancellation Case No. 136 of 2024, in that event the same shall be provided within a week from the date on which the chirkut is filed, on which the learned counsel appearing on behalf of the petitioners submits that fresh chirkut would be filed on or before 13-5-2025.

5.

After hearing the learned counsel for the parties, the writ application is disposed of with liberty to the petitioners to file a fresh chirkut for obtaining the certified copy of order dated 23-11-2024 in Jamabandi Cancellation Case No. 136 of

4/4 2024 on or before 13-5-2025, further, if the chirkut is filed on or before 13-5-2025 for obtaining the certified copy in that event the same shall be supplied to the petitioners within a period of one week thereafter, so that the petitioners can avail their remedy of appeal against the order dated 23-11-2024 passed by the Additional Collector in Jamabandi Cancellation Case No. 136 of 2024, before the authority competent.

6.

The writ application is disposed of with the aforesaid direction.

7.

However, it is made clear that if any appeal is filed by the petitioners against order dated 23-11-2024 in Jamabandi Cancellation Case No. 136 of 2024 passed by the Additional Collector on or before 3-6-2025, in that event, the appeal shall be entertained by the authority competent on merit in accordance with law.

8.

It is further made clear that no coercive action shall be taken against the petitioners till 4-6-2025. (Satyavrat Verma, J) SUMIT/- U