Ashok Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5723 of 2015 ====================================================== Ashok Kumar Singh Son of Late Ramshankar Prasad Singh resident of village- Shakarbasa, P.S. Cheriya Bariyarpur, District Begusarai. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Department of Land Reforms, Govt. of Bihar Patna. 3.
The Collector Begusarai.
4.
The Additional Collector, Begusarai.
5.
The Deputy Collector, Land Reforms, Begusarai. 6.
The Circle officer Cheriya Bariyarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Vikram Singh, Advocate For the State :
Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2025 Heard the parties.
2. The present petition has been preferred dor the grant of following relief(s):
"for issuance of a writ in the nature of mandamus commanding and directing the respondents to act diligently and promptly for restoration of land of petitioner to him after canceling the settlement of those lands made in the year 1990-91 out of the alleged surplus land of petitioner and his family in view of order dated 19.04.2002 passed by the Collector,
Patna High Court CWJC No.5723 of 2015(7) dt.08-07-2025 2/3 Begusarai in ceiling Apeal no.28/2000 holding that there is no surplus land and also in view of recommendations of the concerned authorities in this regard and further for issuance of any other writ, order, directions to which the petitioner may be found eligible and entitled to and which may also seem necessary to safeguard the rights and interests of the petitioner in view of the facts and circumstances detailed hereinafter."
3. Mr. Ajay, learned GA-5 at the outset has taken this Court to the paragraph no.4 of the supplementary affidavit filed on behalf of the respondent no.3 read as follows: "4. That in light of the aforesaid, the Additional Collector, Begusarai vide letter no. 196/Rev dated 19/8/2010 directed the C.O., Bariyarpur to send proposal for cancellation of settlement as made with regard to the lands of the petitioner and thereupon the C.O., Bariyarpur sent proposal for cancellation of settlement before D.C.L.R., Manjhaul on 13/12/2010 and the D.C.L.R., Manjhaul forwarded to the S.D.O., Manjhaul on 27/12/2010, who returned the said
Patna High Court CWJC No.5723 of 2015(7) dt.08-07-2025 3/3 proposal as there was error in the said proposal."
4. Learned GA-5 submits that the possession has been restored and case has become infructuous.
5. The counter affidavit is of the year 2018, there is no reply and/or the rebuttal. Learned counsel representing the petitioner namely Mr. Saket Kumar accept the fact that his possession has been restored but he submits that for the delay they expect compensation.
6. In the opinion of the Court, for any further cost/compensation, it is for the petitioner to approach the authority/competent court for the redressal of the grievance.
7. The writ petition stands disposed of.
8. Interlocutory Application, if any, pending stands disposed of.
(Rajiv Roy, J) vinayak/- U