Santoshanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9996 of 2020 ====================================================== Santoshanand Jha Son of Late Shardanand Jha, resident of Mohalla - Chuna Bhatti, P.S. - L.N.M. University Campus, District - Darbhanga. ... ... Petitioner

Versus

1.

The State of Bihar The Chief Secretary, Govt. of Bihar, Patna. 2.

The Home Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4.

The Director General of Police, Bihar.

5.

The Zonal I.G. Darbhanga Zone, Darbhanga at Laheriasarai. 6.

The Divisional Commissioner, Darbhanga.

7.

The D.I.G. Darbhanga.

8.

The District Magistrate, Darbhanga.

9.

The Senior Superintendent of Police, Darbhanga. 10.

The Deputy Collector, Land Reforms, Darbhanga. 11.

The Circle Officer, Sadar Anchal Darbhanga.

12.

The Officer-in-Charge, LNMU Campus Police Station, Darbhanga. 13.

Surya Narayan Yadav, Son of Maharaj Yadav, resident of Mohalla - Chuna Bhatthi, P.S. LNMU Campus, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Navjot Yeshu, Advocate For the Respondents :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 30-11-2021 Heard learned counsel for the petitioner and learned counsel for the respondents. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

Patna High Court CWJC No.9996 of 2020 dt.30-11-2021 2/3

2. The present writ petition has been filed "for a direction to the respondents authorities particularly the respondent no. 10 to implement his own order dated 30.10.2013 passed in B.L.D. Case no. 64/2013-14 by the respondent no. 10 which was filed under Bihar Land Disputes Resolution Act before the competent authority i.e. the D.C.L.R., Darbhanga for demarcation of the land in question; further for a direction to the respondent authorities to demarcate the land situated at Mauza- Gangbara in the district of Darbhanga Sadar Anchal appertaining to Khata No. 27, Khesra No. 154 Revenue Thana No. 510 bearing 1 katha of land purchased from one Kiran Jha vide Sale Deed No. 4079 dated 25.03.2008 and hand over the possession of the same to the petitioner."

3. Learned counsel for the petitioner states that an order dated 19.07.2019 was passed by this Court in C.W.J.C. No. 14123 of 2019 granting liberty to the petitioner to approach the competent authority for execution/implementation of the order of the D.C.L.R., Darbhanga. The petitioner accordingly approached the competent authority in terms of Section 15 of the Bihar Land Disputes Resolution Act, 2009 read with Rule 30 of the Bihar land Disputes Resolution Rules, 2010. A direction by the D.C.L.R., Darbhanga has been given to the Circle Officer, Sadar, Darbhanga vide letter no. 1066 dated 28.11.2016 (Annexure-14) but the matter remains pending.

Patna High Court CWJC No.9996 of 2020 dt.30-11-2021 3/3

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievance of the petitioner, the writ petition is disposed of with liberty to the petitioner to approach the Circle Officer, Sadar, Darbhanga (respondent no. 11) for appropriate relief. If any such petition is filed within a period of two weeks hereof, the same shall be considered and disposed of on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner expeditiously and in any event preferably within a further period of eight weeks thereafter.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.12.2021 Transmission Date N.A.