Anandi Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12182 of 2022 ====================================================== Anandi Rajak son of Late Lakaradu Rajak, resident of Ward No. 14, Belabadan Pipra, Police Station- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The District Magistrate, Purnea.

3.

The Sub- Divisional Officer, Banmankhi, Purnea. 4.

The Additional Collector, Ceiling, Purnea.

5.

The Circle Officer, Banmankhi, Purnea.

6.

The S.H.O., Banmankhi, Purnea.

7.

Md. Razzak, son of Late Md. Idris resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea.

8.

Md. Ibrahim son of Late Md. Rustam resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea. 9.

Md. Shahabuddin son of Late Md. Halim resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea. 10.

Md. Irfan S/o Late Md. Wakil resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea.

11.

Md. Irshad S/o Late Md. Wakil, resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea.

12.

Md. Sajjad, S/o Late Md. Wakil, resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea.

13.

Md. Shahid, Son of Late Md. Jameer, resident of Village- Bishunpur Bahadur, Police Station- Banmankhi, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Pravesh Nath Tiwari For the Respondent/s :

Mr. Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-01-2025

1. Heard learned counsel for the petitioner, learned JP-18, Sri Raj Kishore Roy and the learned counsel appearing on behalf of the private respondent.

2. The learned counsel appearing on behalf of the

Patna High Court CWJC No.12182 of 2022(4) dt.15-01-2025 2/3 petitioner submits that land pertaining to Thana No. 28, Khata No. 79, Khesra No. 432, Area 1 Acre at Mauja-Bishunpur was settled with him under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 for which Parwana (parcha) was issued on 27.01.76 vide Parwana Case No. 55/75-76. It is next submitted that in pursuance of the parcha issued in favour of the petitioner, the petitioner came in possession of the land and thereafter the land was mutated in his name and the petitioner is in possession of the land since then. It is next submitted that the private respondent forcefully dispossessed the petitioner from his land.

3. The learned counsel appearing on behalf of the private respondent submits that petitioner, all of a sudden, has rushed to this Court without availing his alternative remedy in terms of the Bihar Land Dispute Resolution Act, 2009.

4. The learned counsel appearing on behalf of the private respondent next submits that Section 3 of the BLDR Act, 2009 incorporates six enactments and if any dispute relates to those six enactments in that event, the authorities under the act are competent to adjudicate the same, it is thus submitted that petitioner without availing the said remedy, has approached this Court directly.

Patna High Court CWJC No.12182 of 2022(4) dt.15-01-2025 3/3

5. At this stage, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the writ application with liberty to raise all issue before the authority competent in accordance with law.

6. Permission is accorded.

7. It is made clear that if any issue of limitation will arise, the authority competent shall keep in mind that petitioner was pursuing his remedy before this Court.

8. Accordingly, the instant writ application is dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) Rishabh/- U