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Patna High CourtCWJC/6916/2023disposed

Neeju Kumar @ Niju Kumar v. The State Of Bihar

2023-09-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6916 of 2023 ====================================================== Neeju Kumar @ Niju Kumar S/o Sadanand Prasad Resident of Main Bazar, Barbigha, P.S. Barbigha, District-Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Cum Collector Sheikhpura. 3.

The Superintendent of Police, Sheikhpura 4.

The Sub-Divisional Officer Sheikhpura District-Sheikhpura. 5.

The Circle Officer Barbigha, District-Sheikhpura. 6.

The Officer-in-Charge Barbigha, District-Sheikhpura. 7.

Dinesh Prasad Son of Late Mohan Ram Resident of Bharatganj, P.S. Barbigha District-Sheikhpura.

8.

Manoj Kumar Son of Late Mohan Ram Resident of Bharatganj, P.S. Barbigha District-Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umashankar Singh, Advocate Mr. Pankaj Kumar For the Respondent/s :

Mr. Md. Khurshid Alam (Aag12) Ms. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed this writ petition in the nature of mandamus commanding and directing the respondent authorities to restore the physical possession of petitioner over land situated in Mauja Sher Kalyanpur Barbigha, Thana No.36 appertaining to Khata No.255, Plot No.2814.

3. Learned counsel for the State raised preliminary

Patna High Court CWJC No.6916 of 2023(2) dt.21-09-2023 2/2 objection that the present dispute is completely private in nature and for the restoration of possession of the land of the raiyat there is special law framed i.e., Bihar Land Disputes Resolution Act, 2009.

4. In this background, this writ petition is disposed of directing the petitioner to avail the remedy before the DCLR within four weeks from today. The DCLR is directed to pass reasoned and speaking order upon hearing all concerned within 90 days from the date of appearance of all parties. (Dr. Anshuman, J) Mkr./- U