Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11571 of 2024 ====================================================== Yogendra Singh, Son of Late Jiyalal Singh, Resident of Village- Dostpur Khairari ( Khairbi), P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector Cum- District Magistrate, Sitamarhi.

2.

The Deputy Collector, Land Reforms, Sitamarhi, Sadar, District-Sitamarhi. 3.

The Circle officer, Bathnaha, District - Sitamarhi. 4.

Ram Prakash Singh, son of Late Chhathu Mahto, aged about- not known to the Petitioner, Resident of Village- Dostpur Khairari (Khairbi), P.S.- Bathnaha, District- Sitamarhi.

5.

Shree Ram Janki Mandir (Lakshmi Shahi Trust) Pantpakhar through Sewai Gauri Shankar Shahi, Son of Late Jaydeo Shahi, Resident of VillagePantpakhar, P.S. - Bathnaha, District - Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Respondent/s :

Mr. Kumar Manish, SC - 5 Mr. Prashant Kumar, AC to SC -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-08-2024 Heard Mr. Birendra Kumar, learned Advocate for the petitioner and Mr. Kumar Manish, learned standing counsel no. 5 for the State.

2. The grievance of the petitioner is only confined to expeditious disposal of Bataidari Case No. 31 of 2008-2009 as the same is pending since 2008 and till date no final order has been passed causing serious prejudice to the right and entitlement of the petitioner.

3. Learned Advocate for the petitioner referring to the

Patna High Court CWJC No.11571 of 2024(2) dt.05-08-2024 2/3 order sheet contended that the report was called for from the Circle Officer, Bathnaha vide letter no. 958 dated 20.08.2014. The Circle Officer, Bathnaha, vide letter no. 448 dated 23.07.2014 communicated the same for required action and a report was also submitted in respect to physical possession, over the land in question. However, since then the Board has not been constituted and for constitution of the Board the case is pending since 2013.

4. It is next contended that the right to expeditious disposal of the case is the legal and statutory right of the petitioner but the matter is pending without any justiciable reason.

5. Learned Advocate for the State has admitted the fact to the extent that the matter is pending since 2008-2009 and, thus contended that it should be disposed of expeditiously for the ends of justice.

6. In view of the submissions advanced on behalf of the respective parties, the present writ petition stands disposed of with a direction to the Deputy Collector Land Reforms, Sitamarhi, Sadar to take up the Bataidari Case No. 31 of 20082009 and bring it to its logical conclusion as early as possible preferably within a period of six months from the date of

Patna High Court CWJC No.11571 of 2024(2) dt.05-08-2024 3/3 receipt/production of a copy of this order.

7. The writ petition stands disposed of.

(Harish Kumar, J) supratim/- U