Surendra Roy And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.482 of 2016 Arising out of Civil Writ Jurisdiction Case No. 10056 of 1993 With Interlocutory Application No. 2090 of 2016.

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1. Surendra Roy, Son of Kanchan Ram, Resident of village- Bariarwa, P.S.- Chitauha, District- West Champaran

2. Muna Bhar, Son of Surendra Bhar

3. Godhi Chaudhary, Son of Shivdat Chaudhary

4. Harihar Mushar, son of Dhawal Mishar

5. Bhasan Goarat, Son of Puran Goarh

6. Stan Mushar, Son of Mohar Mushar

7. Most. Radhika W/o Late Motilal Ram

8. Kishwar Mushar, Son of Trivenee Mishar

9. Chanda Ram, Son of Murali Ram

10. Shiv Nath Dushadh, Son of Jadu Dushadh

11. Gamha Mishar, Son of Gopal Mushar

12. Salamat Mian, Son of Rabib Mian

13. Asharfi Mishar, Son of Mohar Mishar

14. Bishwanath Mushar, Son of Dhirghan Mishar

15. Gauri Bhar, Son of Gorakh Bhar

16. Mahesh Mushar, Son of Tribeni Mishar

17. Chandra Mishar, Son of Gopi Mishar

18. Prasadi Ram, Son of Gudi Ram

19. Parmeshwar Bhar Son of Late Anwat Bhar

20. Bhim Dharikar, Son of Kableshar Dharikar

21. Bhalai Been, Son of Baran Been

22. Darshan Ram, Son of Paryag Ram

23. Ganesh Mishar, Son of Jugan Mushar

24. Jhulan Mishar, Son of Mona Mishar

25. Jagarnath Bhar, Son of Gorakh Bhar

26. Pheku Bhar, Son of Late Jagdeo Bhar

27. Rameshwar Ghaghar, Son of Lutaban Jhaghar

28. Phenku Bhar, Son of Timli Bhar

29. Harihar Mishar, Son of Nath Mishar

30. Balkeshwar Mishar, Son of Nath Mishar

31. Tashlim Mian, son of Saff Mian

32. Mostt. Kushuni, Wife of Dal Mishar

33. Tufani Mushaher, Son of Most. Mothia

34. Mostt. Rashidana, Wife of Sahewan Mian

35. Mostt. Neshrun Nejha, Wife of Salti Mian

36. Shankar Dhagarh, Son of Mitku Bhagah

37. Mostt. Somaria, Wife of Jatah Mian

38. Mostt. Pabbdhari, Wife of Bhuteli Ram

39. Sharban Been, Son of Baran Been

40. Harihar Bhar, Son of Gunraj Bhar

41. Khaderan Ram, Son of Bhuteli Ram

42. Mostt. Kishoria, wife of Suresh Kebat

43. Chokat Mushahar, Son of Late Bhagan Mushahar

44. Jagan Mishar, Son of Gobardhan Mishar

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45. Bishram Nonia, Son of Chandra Nonia

46. Ram Prit Bhar, Son of Bandhu Bhar

47. Tribeni Bhar son of Lalu Bhar

48. Rudal Ram, Son of Magar Ram

49. Bali Ram, Son of Gudi Ram

50. Surag Bhar, Son of Bandhu

51. Naresh Kebat, Son of Munib Kebat

52. Parbhu Dharikar, Son of Phagu Bharikar

53. Sadhu Bhar, Son of Mukhi Bhar

54. Motichand Mushar, Son of Bhola Mishar

55. Suraj Ram Son of Kanchan Ram

56. Sitaram Ram, Son of Kanchan Ram

57. Badri Bhar, Son of Ram Raj Bhar

58. Shankar Bhar, Son of Banshi Bhar

59. Parhlad Bhar, Son of Ram Dhari Bhar

60. Rajharan Bhar, Son of Kailash Bhar

61. Mostt. Surashti,, Wife of Late Banshi Bhar

62. Raj Kumar Rai son of Late Banshi Bhar

63. Gamha Rai son of Late Banshi Bhar

64. Sahodra, Wife of Lal Bihari Bhar

65. Bharat Rai Son of Late Lal Bihari Bhar

66. Bhukhal Rai Son of Late Lal Bihari Bhar

67. Rita Devi Sister of Late Satya Narayan Dharikar

68. Mostt. Pyari, Mother of late Satya Narayan Dharikar

69. Dhurub Bhar, Son of Parshuram Bhar

70. Hari Bhar, Son of Parshuram Bhar

71. Sharda Devi, Daughter of Late Chhedi Been

72. Haramati Devi, Daughter of Late Bhikham Been

73. Mostt. Chathia, Wife of Late Bhikham Been

74. Tufani Rai Son of Late Kishnath Bhar

75. Om Prakash Bhar, son of Late Kishnath Bhar

76. Most. Ranju, Wife of Late Kishnath Bhar

77. Mangal Bhar, Son of Ram Bal Bhar

78. Radhika Devi, Wife of Phunku Kebat

79. Mostt. Ganeshi, Wife of Late Makhan Ram

80. Dubar Bhar, Son of Birja Bhar

81. Binod Bhar, Son of Birja Bhar

82. Ram Belash Ram, Son of Lakhan Ram

83. Kalla Munnia, Wife of Habib Mian

84. Dhar Mushahar, Son of Late Kailash Mushahar

85. Kanchan Kebat, Son of Munib Kebat

86. Lal Bachan Bhar, son of Late Shyam Sunder Bhar

87. Basudeo Bhar, Son of Late Shyam Sunder Bhar

88. Mostt. Jashodia, Wife of Late Jagdish Bhar

89. Kalawati Devi, Daughter of Late Jagdish Bhar

90. Sadhu Bhar, Son of Late Shyam Guli Bhar

91. Nagina Ray, Son of Sukhal Ram

92. Shib Narain Ram, Son of Bindshwari Ram

93. Mamuti Ram Son of Mahadeo Ram

94. Mostt. Marachhi Devi, Wife of Puran Bahi Ram

95. Jugeshwar Mahto, Son of Lutaban Mahto

96. Shyam Lal Ram, Son of Nathu Ram

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97. Tribeni Ram, Son of Dukhi Ram

98. Narain Hazam, Son of Sheo Nandan Harzan

99. Dhum Ram, Son of Manger Ram

100. Parwati Devi, Daughter of Mostt. Bhukhali

101. Mosst. Lakhpatiya, Wife of Rajbaliram

102. Mostt. Sanichari, Wife of Muyal Ram

103. Bhikhari Ram, Son of Sukhal Ram

104. Ram Badan Rai, son of Late Raj Bali Bhar

105. Uma Kant Rai, Son of Late Raj Bali Bhar

106. Langi Mian, Son of Ali Hassan Mian

107. Mostt. Chandari, Wife of Maina Ram, All Resident of village- Bariarwa, P.s.- Chituaha, District- West Champaran at Bettiah .... .... Writ Petitioners / Appellants

Versus

1. The State of Bihar

2. Divisional Commissioner, Tirhut Division, Muzaffarpur

3. Collector, West Champaran, Motihari

4. Additional Collector, West Champaran, Motihari

5. Additional Collector, West Champaran at Bettiah

6. Sub Divisional Officer, Bagha

7. Deputy Collector Land Reforms, Bagha

8. Circle Officer, Bhaga- 2

9. Kapil Deo Narain Singh, Son of Late Baldeo Singh, Resident of villageAhirolia, P.S.- Chakia, District- West Champaran at Motihari

10. Murli Manohar Singh

11. Sudhir Kumar Singh Both sons of Kapil Deo Naraian Singh, Resident of village- Ahiralia, P.S.- Chakia, District- West Champaran at Motihari

12. Dwarika Sahi, Son of Sri Nunu Sahi, Resident of village- Kamtaul, P.S.- Kurhani, District- Muzaffarpur

13. Dharab Mahto

14. Radhey Shyam Mahto, Both sons of Chini Mahto, deceased

15. Ramjee Sah

16. Madan Sah Both sons of Ramji Lal Sah, deceased

17. Rej Naraian Prasad

18. Rama Shanker Prasad

19. Nag Narain Prasad All sons of Gorakh Bal, deceased, Residents of village- Koluha, Chautarwa, P.S.- Bagha, District- West Champaran .... .... Respondents / Respondents.

=========================================================== Appearance:

For the Appellant/s : None.

For the Respondent/s : Mr. Ravi Verma, AC to GP 4. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 26-04-2017

4/5 None appears for the appellants. None had appeared on 28.03.2017 also.

Sri Ravi Verma, AC to GP 4, appears on behalf of the respondents.

Re. I.A. No. 2090 of 2016.

Finding that there is a reasonable justification causing delay of 21 days in filing the appeal, the delay is condoned. I.A. No. 2090 of 2016 is allowed.

Re. L.P.A. No. 482 of 2016.

Seeking exception to an order dated 29.10.2015 passed by the Writ Court in CWJC No. 10056 of 1993, the appellants have filed this appeal under Clause 10 of the Letters Patent. The case of the petitioners before the Writ Court is that they had filed the Writ Petition seeking quashing of an order dated 25.06.2013 passed by the Additional Collector, West Champaran, Bettiah whereby the final draft publication of land, declared as surplus under the Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961, was notified with respect to land in question and settlement of land made by the competent statutory authority was challenged in the Writ Petition.

After considering various aspects of the matter, the learned Writ Court found that the petitioners were only purcha-

5/5 holders and merely because they are purcha-holders no right accrues to them and the jurisdiction of the State Government to acquire surplus land and settle it in favour of the needy persons is not taken away merely because they are some purcha-holders. In fact, in Para 21 of the impugned judgment the learned Writ Court has dealt with the issue in question in detail which is being reproduced hereinbelow: "21. In view of the discussion, as above, I am of the considered view that Parcha-holders cannot have better right over the land than the jurisdiction of the State Government to acquire surplus land, under the provisions of the Act. Their claim may depend upon acquisition of land by the State.

In the present case, when the Revenue Authorities, under the Act, themselves have decided to delete the land, in question, from being declared surplus and have further decided to declare other lands of the land-holder to be surplus, the Parchas, issued in favour of the petitioners, have no meaning. It goes without saying that the State-respondents are free to settle the land of the land-holder, which has been declared surplus pursuant to the amended notification, published in the official Gazette of the district, on 13.07.1993, brought on record by way of Annexure-7 to the writ application."

We find no error in the order passed by the learned Writ Court warranting reconsideration. The appeal is therefore dismissed. (Rajendra Menon, CJ) (Sudhir Singh, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.04.2017 Transmission Date N/A