Ram Yad Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23963 of 2013 ====================================================== Ram Yad Rai son of Late Ram Nagina Rai, resident of village Bhargama, P.S.Bhaja, District Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector of District Madhubani

3. Mukesh Paswan S/o Ram Prit Paswan

4. Dilip Paswan S/o Ram Prit Paswan

5. Manoj Paswan S/o Ram Prit Paswan

6. Ram Bhajan Paswan S/o Nathuni Paswan

7. Rajendra Paswan S/o Basudeo Paswan

8. Mukesh Ram S/o Saudagar Ram

9. Shekhar Sadai S/o Banwati Sadai

10. Kari Saday S/o Lator Sadai All from 3 to 10 are resident of village Bhargama, P.S.Bhaja, District Madhubani

11. Swarup Sadai (now dead) son of Hiya Sadai through his sons (i) Pani Sadai (ii) Hari Sadai Resident of village Bhargama, Tola Sunari, P.O.Bhargama, P.S.Bhaja, District Madhubani

12. Sukan Sadai (now dead) son of Teju Sadai through his daughter (i) Urmila Devi Resident of village Bhargama, Tola Sunari, P.O. Bhargama, P.S.Bheja, District Madhubani

13. Hirday Sadai (now dead) son of Kantir Sadai through his son (i) Dasana Sadai Resident of village Bhargama presently Mungardagma, District Darbhanga

14. Buchkun Sadai son of Nathu Sadai @ Ratilal Sadai, Resident of village Bhargama, P.S.Bheja, District Madhubani

15. Juge Sadai (now dead) son of Tuntun Sadai through his sons (i) Tetar Sadai (ii) Raje Sadai (iii) Gajo Sadai All are resident of village Bhargama (Bakua) Tola Sunari, P.O. Bhargama, P.S.Bheja, District Madhubani

16. Kauleshwar Sadai son of Dukha Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.O. Bhargama, P.S. Bheja, District Madhubani

17. Jagdish Sadai (now dead) son of Shankar Sadai through his son (i) Chedi Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.O. Bhargama, P.S. Bheja, District Madhubani

18. Ram Prasad Sadai son of Jibachh Sadai, resident of village Bhargama, P.O. Bhargama, P.S.Bheja, District Madhubani

19. Chitu Sadai son of Nathu Sadai, Resident of village Bhargama (Bakua) Tola Sunari,

2/5 P.S. Bheja, District Madhubani

20. Yadu Sadai (now dead) son of Lalo Sadai through his sons (i) Satan Sadai (ii) Narayan Sadai Both resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

21. Chhutharu Sadai son of Bikau Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani 22, Phulwa Sadai (now dead) daughter of Kantir Sadai through his son (i) Nunu Lal Sadai r/o village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani 23.Lakshman Sadai son of Rabgi Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

24. Kari Sadai son of Sri Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

25. Janak Sadai (now dead) son of Jitan Sadai through his son (i) Subey Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

26. Bashist Sadai son of Kanak Sadai Resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

27. Gagaru Sadai (now dead) son of Hitai Sadai through his sons (i) Nago Sadai (ii) Jage Sadai (iii) Nilam Sadai (iv) Narayan Sadai All are resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

28. Bhola Sadai (now dead) son of Panchu Sadai through his sons (i) Satto Sadai (ii) Kupa Sadai Both resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

29. Brihaspati Sadai (now dead) son of Bilat Sadai through his sons (i) Mahabir Sadai (ii) Ram Ballam Sadai Both resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

30. Most. Dasani (now dead) W/o Sri Sadai through her sons (i) Satto Sadai (ii) Sukhdeo Sadai (iii) Basudeo Sadai (iv) Sahdeo Sadai All resident of village Bhargama (Bakua) Tola Sunari, P.S. Bheja, District Madhubani

31. Ghuran Sadai son of Batahu Sadai Resident of village Bhargama ,

3/5 P.S. Bheja, District Madhubani

32. Khushilal Ram (now dead) son of Subbe Ram through his sons (i) Ramphal Ram (ii) Umakant Ram Both resident of village Bhargama , P.S. Bheja, District Madhubani

33. Most. Tiliya W/o Banbali Sadai Resident of village Bhargama P.S. Bheja, District Madhubani

34. Lakhan Ram son of Thithar Ram, Resident of village Parwalpur, P.S. Bheja, District Madhubani

35. Saudagar Ram (now dead) son of Bunni Ram through his sons (i) Chhedi Ram (ii) Mukho Ram (iii) Sukha Ram (iv) Thako Ram All resident of village Bhargama , P.S. Bheja, P.O. Bhargama, District Madhubani

36. Maksudan Ram (now dead) son of Jagarnath Ram through his daughter (i) Sushila Devi W/o Upendra Ram Resident of village Bhargama , P.O. Bhargama, P.S. Bheja, District Madhubani

37. Agam Ram (now dead) son of Rajayee Ram through his sons (i) Pramod Ram (ii)Manoj Ram (iii) Vinod Ram All resident of village Bhargama , P.S. Bheja, District Madhubani

38. Sarjug Sadai (now dead) son of Jitan Sadai, Heirs not known as to concerned address

39. Bhilayee Sadai son of Sukhay Sadai Resident of village & P.O.Bhargama, P.S. Bheja, District Madhubani

40. Most. Anar (now dead) W/o Latar Sadai through her son (i) Kari Sadai Resident of village & P.O. Bhargama, P.S. Bheja, District Madhubani

41. Ram Prit Paswan son of Nathuni Paswan, Pramukh Madhepur Block and Dealer of Jan Vitran Pranali, Resident of village & P.O. Bhargama P.S. Bheja, District Madhubani

42. Phaguni Sadai (now dead) W/o Nivat Sadari through her sons (i) Phani Sadai (ii) Ram Sharan Sadai (iii) Horil Sadai (iv) Shivjee Sadai (v) Shiv Kumar Sadai All resident of village & P.O. Bhargama P.S. Bheja, District Madhubani

43. Baldeo Ram (now dead) son of Uchit Ram through his son

4/5 (i) Sadhu Ram Engineer Engineering Service, Purnea Address not known not in village Bhargama

44. Raghu Sadai (now dead) son of Rabbi Sadai through his sons (i) Binde Sadai (ii) Arun Sadai Both resident of village Khorma Supaul, P.O. Ganeshpur, P.S.Supaul, District Supaul

45. Adhik Lal Sadai son of Jageshwar Sadai, Resident of village & P.O. Bhargama P.S. Bheja, District Madhubani

46. Basdeo Paswan (now dead) son of Bahuri Paswan deceased through his sons (i) Rajendra Paswan (ii) Gogendra Paswan Resident of village & P.O. Bhargama P.S. Bheja, District Madhubani

47. Kari Paswan son of Jibachh Paswan Resident of village & P.O. Bhargama P.S. Bheja, District Madhubani

48. Mahaveer Paswan (now dead) son of Jabachh Paswan deceased now not resident of village & P.O. Bhargama P.S. Bheja, District Madhubani

49. The Addl. Collector Madhubani, Madhubani

50. SDM, Jhanjharpur, District Madhubani

51. Anchal Adhikari, Block/Anchal Madhepur, District Madhubani

52. Officer Incharge, Police Station Bheja (Madhepur), District Madhubani, Pin Code 847408 ... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Janam Maharaj, Advocate For the Respondent Nos. 1,2 & 49 to 52 : Mr. Anjani Kumar, AC to AAG6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-01-2016 Heard the parties.

The petitioner is aggrieved by order dated 12.09.1990 passed in Land Ceiling Case No. 32 of 1978-79 by the District Collector, Madhubani, as contained in Annexure-7 to the present writ petition.

The present writ petition has been filed after undue and unexplained delay of more than 23 years. Despite repeated queries, the learned counsel appearing on behalf of the petitioner

5/5 has not been able to explain the huge delay of 23 years for approaching this Court for assailing the aforesaid order as contained in Annexure-7.

The present writ petition suffers from delay and laches and on that ground alone, the writ petition is dismissed. (Birendra Prasad Verma, J) Tahir/- U