Awadh Sah @ Awadh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11047 of 2023 ====================================================== Awadh Sah @ Awadh Prasad Son of Late Kashi Sah, Resident of Village - Laukaha, P.S. - Paharpur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reform, Department, Govt. of Bihar, Patna.

3.

The Collector, East Champaran, Motihari.

4.

The Addl. Collector, East Champaran, Motihari. 5.

The Land Reforms Deputy Collector, Areraj, District - East Champaran, Motihari.

6.

The Anchaladhikari, Paharpur, District - East Champaran, Motihari. 7.

Radho Thakur, Son of Late Ganesh Thakur @ Thakur, Resident of Village Laukaha, P.S. - Paharpur, Dist. - East Champaran, Motihari. 8.

Manoj Thakur, Son of Radho Thakur, Resident of Village Laukaha, P.S. - Paharpur, Dist. - East Champaran, Motihari.

9.

Sunil Thakur, Son of Radho Thakur, Resident of Village Laukaha, P.S. - Paharpur, Dist. - East Champaran, Motihari.

10.

Sri Nayan Thakur, Son of Radho Thakur, Resident of Village Laukaha, P.S. - Paharpur, Dist. - East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2024 The petitioner has moved this Court for following reliefs:

(i) for issuance of writ nature of certiorari for quashing the order dated 05.09.2022 passed by Land Reform Deputy Collector, Areraj in

Patna High Court CWJC No.11047 of 2023(2) dt.22-04-2024 2/3 Land Dispute Redressal Case No.

71/ 2022-23 by which rejected the case of the petitioner on the ground Jamabandi is also running in the name of the respondents and also directed to the verify the Basgit Parcha Case No. 13/1985-86 from record, if found true then demarcate the boundary of the disputed land, if any, found wrong then recommended for the cancellation of the Parcha;

(ii) further issue direction to respondents demarcated the land bearing Khata No.48, Khesra No.328/01, Area-0.02 decimal, said very land allotted by issuance of the Basgit Parcha Case No. 13/198586, Jamabandi is running in the name of the father of the petitioner and if any, found encroached by the Respondent same has been removed

Patna High Court CWJC No.11047 of 2023(2) dt.22-04-2024 3/3 and deliver possession to the petitioner;

(iii) for further give other legal consequential benefit to appellant.

2. Learned counsel for the petitioner after some argument submits that he will be approaching the Collector against the order dated 5.9.2022 in Land Dispute Redressal Case No. 71/22-23.

3. The State Counsel has no objection to it.

4. In view of the said limited prayer, the writ petition stands disposed of with liberty to the petitioner to challenge the aforesaid order before the Collector, East Champaran.

5. CWJC No. 11047 of 2023 disposed of.

(Rajiv Roy, J) Ravi/- U