Moinuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14789 of 2014 ====================================================== Moinuddin, son of Sk. Sattar Ali, resident of village - Dehti, P.S. - Palasi, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Purnia.

2. The Collector-cum-District Magistrate, Purnia.

3. Deputy Collector, Incharge, Legal Section, Purnia.

4. Anchal Adhikari, Srinagar, Anchal, Distt - Purnia.

5. Dildar Rishidev, son of Mangi Rishidev

6. Biren Rishidev, son of Pahari Rishidev '

No. 5 and 6 resident of village - Sant Nagar, Chanka, P.S. K. Nagar, Champanagar, O.P. Anchal Srinagar, District - Purnia. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Uday Bhanu Roy, Adv. Mr. Sunil Kumar, Adv.

For the Respondent nos.1to4 : Mrs. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-09-2016 Heard the learned counsel appearing on behalf of the petitioner and the learned G.P.-3 appearing on behalf of the respondent nos.1 to 4.

The grievance of the petitioner in the present writ petition is that Misc. Ceiling Case No.360 of 1992, filed on behalf of the petitioner under Section 45B of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in the light of the order/direction dated 29.06.1993 (Annexure-1) passed in CWJC No.9808 of 1992 by a Division Bench of this Court, has not been disposed of till date and in the meantime red cards have been issued in favour of the private respondent nos.5 and 6.

Though, this writ petition was filed on 27.08.2014 after service of its two copies upon the learned Advocate General,

Patna High Court CWJC No.14789 of 2014 (2) dt.16-09-2016 Bihar, Patna, whereafter the brief was endorsed to Mrs. Kumari Amrita, the then G.P.-10, who is presently GP-3, for appearing on behalf of the official respondent nos.1 to 4, but, despite passage of more than two years, she has taken no pains for filing counter affidavit on behalf of the aforesaid official respondents. When, this matter has been taken up for consideration today, she simply prays for an adjournment of four weeks, as per the instruction of the District Collector, Purnea. The approach of the learned G.P.-3 is not appreciated by this Court. This matter is coming on the Board for last several weeks and by now counter affidavit ought to have been filed by the official respondents, which has not been done till date. It appears that learned G.P.

-3 has developed a tendency for keeping even unwanted and frivolous matters pending for longer period before this Court, for the reasons best known to her. This simply can't be approved by this Court. However, in view of the admitted position that Misc. Ceiling Case No.360 of 1992 is still pending before the District Collector, Purnea, the present writ petition is disposed of with a direction to the respondent District Collector, Purnea to dispose of the aforesaid Misc. Ceiling Case No.360 of 1992 within a maximum period of four months from the date of receipt/production of a copy of this order, but, before passing any final order, an opportunity of hearing must be given to all concerned including the petitioner, the private respondent nos.5 and 6 as also the original land holder or his/her heirs and legal representatives.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question and it is left to be decided by the

Patna High Court CWJC No.14789 of 2014 (2) dt.16-09-2016 respondent District Collector, Purnea strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

The learned GP-3, Mrs. Kumari Amrita, shall communicate this order to the District Collector, Purnea forthwith. The petitioner shall also appear before the respondent District Collector, Purnea within a period of one month from today with a certified copy of the present order, otherwise the respondent District Collector, Purnea shall be at liberty to dispose of the matter in accordance with law without waiting for appearance of the petitioner. No separate notice is required to be issued to the petitioner for his appearance in the aforesaid Misc. Ceiling Case No.360 of 1992.

(Birendra Prasad Verma, J) Arvind/- U