Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10514 of 2019 ====================================================== Sunil Kumar Singh Son of Girija Shankar Singh, Resident of VillageBhagwanpur, P.S.- Bhagwanpur, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary of Home Department, Government of Bihar at Patna.

2.

The Collector cum District Magistrate, Kaimur at Bhabua. 3.

The Circle Officer cum Anchaladhikari, Bhagwanpur, District- Kaimur at Bhabua.

4.

Dadan Kurmi, Son of Indradeo Kurmi, Resident of Village- Bhagwanpur, P.S.- Bhagwanpur, District- Kaimur at Bhabua. 5.

Nathuni Ram, Son of Basgit Ram, Resident of Village- Bhagwanpur, P.S.- Bhagwanpur, District- Kaimur at Bhabua.

6.

Shyam Lal Ram, Son of Sri Kawal Ram, Resident of Village- Bhagwanpur, P.S.- Bhagwanpur, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the State :

Mr.Manish Kumar (GP-4) Mr. Ravi Verma, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2019 Though, the case has been listed with office notes, pointing out certain defects, considering the nature of dispute involved, ignoring the said defects, I proceed to dispose of the writ application, after hearing the learned counsel for the parties.

The petitioner is seeking a direction to cancel the settlement made in favour of respondent nos. 4 to 6, which is claimed to have been settled in Settlement Case No. 48 of 2003-

Patna High Court CWJC No.10514 of 2019(2) dt.09-05-2019 2/3 04.

It is the case of the petitioner that the land, in question, was recorded in the cadastral survey records of right as Anabad Bihar Sarkar (Nala), which was being used for irrigation. Allegedly, the Circle Officer, Bhagwanpur has made illegal entries in Register-II, showing the land to be settled in favour of respondent nos. 4 to 6.

In my view, the petitioner has statutory remedy under Bihar Right to Public Grievance Redressal Act, 2015 and Bihar Land Disputes Resolution Act, 2009, either of which, has not been invoked by the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has though approached the District Magistrate for redressal of his grievance by making a representation, till date no action has been taken. The representation, which has been brought on record by way of Annexure-6, does not bear any date. However, it is stated that the said representation was submitted on 01.01.2019.

Be that as it may, as the petitioner has statutory remedy under the aforesaid previsions of the Acts, the petitioner may make an application under the aforesaid provisions of the Acts, in accordance with the requirement under the Acts and the

Patna High Court CWJC No.10514 of 2019(2) dt.09-05-2019 3/3 Rules framed thereunder.

If any application is filed, the Court directs that the same must be disposed of within the period stipulated under the statutory provisions.

The writ application stands disposed of accordingly. HR/- (Chakradhari Sharan Singh, J) U