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Patna High CourtCWJC/7411/2015dismissed

Ramesh Manjhi @ Ramesh Paswan And ORS v. The State Of Bihar And ORS

2016-12-16Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7411 of 2015 ======================================================

1. Ramesh Manjhi @ Ramesh Paswan, Son of Late Sukai Dusadh.

2. Deep Ram, Son of Feku Ram.

3. Lakhan Ram, Son of Manbodh Ram.

All residents of Village - Barwa Parsauni, Block - Mainatand, P.S.- Inerwa, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Revenue and Land Reforms, Patna.

2. The Deputy Secretary, Revenue & Land Reforms, Patna.

3. The Collector, West Champaran at Bettiah.

4. The Superintendent of Police, West Champaran at Bettiah.

5. The Sub Divisional Officer, Narkatiaganj, West Champaran.

6. The Deputy Collector Land Reforms, Narkatiaganj, West Champaran.

7. The Anchal Adhikari, Mainatand, West Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Nath Verma, Adv. For the Respondent/s : Mr. Pratik Kumar Sinha, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-12-2016 Heard.

The only grievance of the writ petitioners is that, though they were issued parwana or red cards under Section 27 of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, but they are being dispossessed from the lands allotted to them by some purchasers or the land holders.

In the considered opinion of this Court, the nature of the grievances raised on behalf of the petitioners can be appropriately considered by the competent authority under the provisions of The Bihar Land Disputes Resolution Act, 2009 particularly in view of the provisions contained in Section 4(a) of that Act.

Patna High Court CWJC No.7411 of 2015 (2) dt.16-12-2016 In above view of the matter, the present writ petition is dismissed, but a liberty is granted to the petitioners to approach the competent authority of the area concerned for grant of an appropriate relief.

It goes without saying that, if such a petition is filed on behalf of the petitioners, then, before passing any final order, an opportunity of hearing must be given to all concerned. (Birendra Prasad Verma, J) Arvind/- U