Bira Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2202 of 2015 =========================================================== Bira Paswan, s/o- Late Laldeo Paswan, resident of village Ismaielpur, P.O. + P.S.- Patori, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Samastipur

3. Circle Officer, Patori, Samastipur

4. S.H.O., Patori, P.S.- Samastipur

5. Land Reforms Deputy Collector, Patori, Samastipur

6. Uttam Paswan, son of Late Mangal Paswan

7. Rajesh Paswan

8. Ankit Paswan Both sons of Uttam Paswan, residents of village Ismaielpur, P.O. + P.S.- Patori, District- Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha For the Respondent/s : Mr. A.UJJWAL =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 03-02-2015 Heard the parties.

The writ application has been filed seeking a direction upon the respondents to implement the order dated 9.7.2013 passed by the respondent Deputy Collector Land Reforms, Patori, Samastipur in Case No. 12/2013 whereby the Court directed the Circle Officer and Station House Officer, Patori Police Station to give possession of the land bearing Khata no. 58 and Khesra nos. 506 and 510. In substance, the writ application has been filed with a prayer to implement the order passed by the Deputy Collector Land Reforms, Patori invoking the jurisdiction under the Bihar Land

Patna High Court CWJC No.2202 of 2015 dt.03-02-2015 Dispute Resolution Act, 2009 (for short "the Act"). Section 15 of the Act provides as under:- "15. Execution of the order passed by the Competent Authority.- The Competent Authority shall execute the order passed by him subject to order, if any, passed in appeal:

Provided that if no appeal is filed within the prescribed period he shall proceed to execute the said order either himself or authorize any other officer or employee to execute the same."

It thus appears that the Authority who passed the order can take steps for implementation thereof.

Let the petitioner approach the Deputy Collector Land Reforms invoking the jurisdiction of the Court under Section 15 of the Act. If any such application is filed, it is expected the respondent Deputy Collector Land Reforms will consider and dispose of the same with the utmost expediency in accordance with law. The writ application is disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U