Mahesh Prasad Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13731 of 2014 ====================================================== Mahesh Prasad Sah Son of Late Bauye Lal Sah Resident of villageNarayanpur, Police Station- Manigachhi, District- Darbhanga. ... ... Petitioner/s
Versus
1.
The State Of Bihar.
2.
The Deputy Collector, Land Reforms, Sadar, Darbhanga. 3.
The Circle Officer, Manigachhi, District- Darbhanga. 4.
Saukat Ali Son of Late Rahman resident of Village- Narayanpur, Police Station- Manigachhi, P.O.- Sakri, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Narain Yadav, Advocate For the Respondent/s :
Mr.Jay Prakash Sharma, AC to GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2024
1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction commanding upon the respondents no. 1 to 3 to execute the order dated 15.07.2011 passed in Land Dispute Case no. 86/2010-11 by the D.C.L.R., Sadar, Darbhanga and further to quash the letter no. 404 dated 11.06.2014 issued by the D.C.L.R., Sadar, Darbhanga for re- measurement and demarcation of the land of Khata no. 164, Plot no. 672."
2. At the outset, the learned counsel for the
Patna High Court CWJC No.13731 of 2014(2) dt.08-05-2024 2/2 respondent-State submits by referring to the counter affidavit, filed in the present case that the order dated 15.07.2011, passed in Land Dispute Case No.86 of 2010-11, by the Deputy Collector, Land Reforms, Sadar Darbhanga, cannot be overridden by any administrative order, much less by the order dated 11.06.2014 and the same would definitely be enforced in its true letter and spirit.
3. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to take recourse to the provisions, contained in Section 15 of the Bihar Land Disputes Redressal Act, 2009, for execution of the aforesaid order dated 15.07.2011. Liberty so sought is granted.
4. The writ petition stands disposed off.
(Mohit Kumar Shah, J) Saurav/- U