Patna High CourtCWJC/598/2017disposed

Raj Kumari Devi v. The State Of Bihar And ORS

2018-08-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.598 of 2017 ====================================================== Raj Kumari Devi, W/o Suresh Prasad Gupta, Resident of VillageLakshminiya, P.S.- Balua Bazar, District- Supaul. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The District Magistrate, Supaul.

3. The Land Reforms Deputy Collector, Triveniganj, Supaul.

4. Circle Officer, Chhatapur, Supaul.

5. Officer In-charge, Balua Bazar, P.S. Supaul.

6. Kailu Kamat, S/o Ruman Kamat

7. Rajesh Kamat, S/o Agamlal Kamat Respondent Nos.6 and 7 are residents of Village- Lakshminiya, P.S. Balua Bazar, District- Supaul.

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Adv.

For the Respondent/s :

Mr. Prery, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2018 Heard learned counsels for the petitioner and the Respondent-State.

The present writ application has been basically filed for execution of the order dated 22.11.2012, passed in Land Dispute Case No.60 of 2012-13, by the Respondent No.3, the DCLR, Triveniganj, Supaul, as contained in Annexure-3. Since there is specific provision under Section 15 of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as the 'the Act') for the execution of the order passed by the competent authority and Section 15A of the Act provides the punishment for obstruction in execution or willful

Patna High Court CWJC No.598 of 2017(2) dt.10-08-2018 2/2 disobedience or non-compliance of the final order, this Court is not inclined to interfere.

In view the specific provision under the Act for execution of the order passed by the competent authority, the writ application is disposed of with a liberty to the petitioner to avail the appropriate remedy before the appropriate authority. It is expected from the respondent authorities to act in accordance with the provisions of Sections 15 and 15A of the Act.

(Dinesh Kumar Singh, J) Ashwini/- U