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Patna High CourtCWJC/9181/2023disposed

Baleshwar Ram v. The State Of Bihar

2023-12-02Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9181 of 2023 ====================================================== BALESHWAR RAM SON OF BHAROSA RAM, RESIDENT OF VILLAGE- SIKRAUR, POLICE STATION - SHIVSAGAR, DISTRICT - ROHTAS.

... ... PETITIONER/S

VERSUS

1.

THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, REVENUE AND LAND REFORM DEPARTMENT, GOVT. OF BIHAR, PATNA.

2.

THE COLLECTOR, ROHTAS, SASARAM.

3.

THE ADDITIONAL COLLECTOR, ROHTAS, SASARAM.

4.

THE SUB DIVISIONAL OFFICER, SASARAM, ROHTAS.

5.

THE DEPUTY COLLECTOR, LAND REFORMS, SASARAM, ROHTAS. 6.

THE CIRCLE OFFICER, CHENARI, DISTRICT - ROHTAS. ... ... RESPONDENT/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Choubey, Advocate For the Respondent/s :

Mr. Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2023 Heard learned counsel for the petitioners and the State.

2. This writ petition has been filed to direct the respondents to deliver the possession of land sitauted at Mauja-Jagdishpur, Thana No. 416 pertaining toC . S. Khata No. 53 , Plot No. 294 , Corresponding to Chak Khata No. 59 , Chak Plot No. 194 area 1.22 acre which has been settled in

Patna High Court CWJC No.9181 of 2023(2) dt.02-12-2023 2/3 the name of the petitioner by the respondent authority by order dated 16.12.1993 after verification and recommendation by concerned authorities.

3 . At the outset, learned counsel for the State appears and raises preliminary objection to the effect that in the present case the petitioner has got a statutory remedy under Section 4(1)A of BLDR Act, by way of filing an application before The Deputy Collector Land Reforms, Sasaram, Rohtas (respondent No. 5) .

4. Learned counsel for the petitioner does not dispute the contention made on behalf of the State . 5 . In the facts and circumstances of the case , writ petition is disposed of with a direction to the petitioner to file an application before The Deputy Collector, Land Reforms, Sasaram, Rohtas ( respondent No. 5) along with all the relevant documents in support of the claim, within a period of six weeks from the date of receipt of this order.

6. In the event, such representation is filed before The Deputy Collector, Land Reforms, Sasaram, Rohtas ( respondent No. 5) the same shall be to dispose of in accordance with law after hearing all the parties preferably within a period of six months from the date of receipt of the

Patna High Court CWJC No.9181 of 2023(2) dt.02-12-2023 3/3 application .

(Prabhat Kumar Singh, J) Koushik/- U