Siya Ram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6758 of 2025 ====================================================== Siya Ram Sah Son of Lakshami Sah, Resident of Village Kumhari, Ward No. 5, P.O. Durgaganj, P.S. Durgaganj, District Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Revenue, Government of Bihar, Patna.

3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Magistrate, Katihar.

5.

The Deputy Collector, Land Revenue, Katihar.

6.

The Circle Officer, Kadua, District Katihar.

7.

Chandapal Singh Son of Hari Singh, Resident of Village Kumhari, Ward No.5, P.O. Durgaganj, P.S., District Katihar. 8.

Suraj Singh Son of Hari Singh, Resident of Village Kumhari, Ward No.5, P.O. Durgaganj, P.S., District Katihar.

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

For the Petitioner/s :

Mr.Suraj Kumar For the Respondent/s :

Mr.Government Pleader (3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-09-2025

1. Heard learned Counsel for the parties concerned.

2. The petitioner has filed the present writ application for a direction to the respondents authority to stop the respondent no. 7 from disturbing the peaceful possession of the petitioner over the subject land, which was purchased by the father of the petitioner in the yer 1940 and the petitioner is paying revenue rent for the same.

3. Learned Counsel for the State submits that under the

Patna High Court CWJC No.6758 of 2025(2) dt.02-09-2025 2/3 Bihar Land Disputes Resolution Act, 2009, the competent authority, i.e. Deputy Collector Land Reforms, has the jurisdiction to decide the dispute regarding unlawful dispossession and restoration of possession on the raiyati land encroached by the third party. The petitioner can avail the remedy under Section 4 of the Bihar Land Disputes Resolution Act, 2009 by filing appropriate application before the competent authority i.e. Deputy Collector Land Reforms and the Deputy Collector Land Reforms, Katihar, may be directed to dispose the same in accordance with law.

4. Having considered the submission of the parties and Section 4 of the Bihar Land Disputes Resolution Act, 2009, which confers jurisdiction and authority to the Deputy Collector Land Reforms to resolve the dispute regarding unlawful dispossession and restoration of possession on the raiyati land, the petitioner is given liberty to file appropriate application for redressal of his grievance before the respondent no. 5, the Deputy Collector Land Reforms, Katihar, under section 4 of the Bihar Land Disputes Resolution Act, 2009, within a period of one month from today.

Patna High Court CWJC No.6758 of 2025(2) dt.02-09-2025 3/3

5. If such an application is filed before the Deputy Collector Land Reforms, Katihar, the Deputy Collector Land Reforms shall be obliged to decide the same in accordance with law after giving opportunity of hearing to all concern, by a reasoned order, within a period of four months from the date of filing of the application.

6. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √