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Patna High CourtCWJC/15077/2014disposed

Dilip Kumar Choudhary And ORS v. The State Of Bihar And ORS

2015-05-04The Chief Justice,Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15077 of 2014 ======================================================

1. Dilip Kumar Choudhary Son of Jhallu Choudhary resident of villageTemuhna, P.O. Fatihar, P.S. Mansoor Chak, District- Begusarai

2. Sitaram Paswan Son of Late Deo Narain Paswan R/o Neya Tol, Rupaswar, P.O. Shamshipur, Vit, P.S. Bachwara, District- Begusarai

3. Phudi Manjhi Son of Late Bal Govind Manjhi R/o Neya Tol Rupaswar, P.O. Shamshipur Vit, P.S. Bachwara, District- Begusarai

4. Ramu Sah S/o Ram Das Sah R/o Neya Tol Rupaspur, P.O. Shamshipur Vit, P.S. Bachwara, District- Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Revenue, Govt. of Bihar, Patna

2. District Magistrate, Begusarai, At/P.O./District- Begusarai

3. Sub-divisional Officer, Teghra, At/P.O. Teghra, District- Begusarai

4. Deputy Collector, Land Reforms, Teghra, At/P.O.- Teghra DistrictBegusarai

5. Circle Officer, Bachwara Block, Bachwara, District- Begusarai

6. Circle Inspector, Bachwara Block, Bachwara, District- Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : M/S.Ibrar Hussain & Anil Kumar Saxena For the Respondent/s : Mr. Mrigendra Kumar,A.C. to G.A.-11. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-05-2015 The petitioners claim to be the persons from highly backward class of the society. They filed the writ petition with a two fold prayer. The first is to stop or cancel the sale of the Government land in Nil Kothi Begum Sarai under the district of Beguarai admeasuring 46 acres, and to punish the persons, who are responsible for the sale, and then to assign that land in favour of the landless including the petitioners.

The petitioners state that the land, referred to above, is

Patna High Court CWJC No.15077 of 2014 (2) dt.04-05-2015 2 / 2 under illegal occupation of private individuals, and on verification, they came to know that the Government land was illegally sold in favour of private persons. Except making such broad and general allegation, the petitioner did not state as to when the land was sold, and to whom.

Heard learned counsel for the petitioner and the State. This Court finds it difficult to act on the basis of unverified facts and general allegations. So far as the request of the petitioners for grant of land to them is concerned, they can make a representation to the concerned officials, indicating their social and economic status.

This writ petition is disposed of, leaving it open to the petitioners to make a representation for grant of house-land or other land, and if such representation is made, the concerned authority shall verify (a) the eligibility of the petitioners and (b) availability of the land, and take appropriate steps in accordance with law.

B.Roy/- (L. Narasimha Reddy,CJ) (Sudhir Singh, J) U