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Patna High CourtCWJC/5525/2011dismissed

Om Prakash Singh And ORS v. The State Of Bihar And ORS

2015-08-24Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5525 of 2011 ======================================================

1. Om Prakash Singh

2. Navin Singh

3. Arbind Singh All sons of late Ram Kishun Mandal @ Ram Krishana Singh

4. Manoj Kumar Singh

5. Vinay Kumar Singh Both sons of late Jai Prakash Singh All resident of village-Sahraon, P.S.-Gogri, District-Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Khagaria

3. Deputy Collector Land Reforms, Gogri, District-Khagaria.

4. Sub-Divisional Officer, Gogri, District-Khagaria.

5. Anchal Adhikari, Gogri, District-Khagaria.

6. Dilip Ram, son of late Basu Ram

7. Jai Jai Ram, son of late Tarni Ram

8. Narlu Ram, son of late Khushru Ram

9. Kare Ram, son of late Khushru Ram

10. Tetar Ram, son of late Adhin Ram

11. Chandra Kishore Ram, son of Ram Rup Ram

12. Mantu Ram, son of Ramrup Ram

13. Sukan Ram, son of late Basu Ram All resident of village and P.O.-Sahraon, P.S.-Gogri, District-Khagaria.

14. Achhelal Dom, son of late Jhari Dom, resident of village and P.O.- Paura, P.S.-Gogri, District-Khagaria.

15. Lal Mohan Sada, son of Lakhan Sada, resident of village-Basua, P.O.- Piperpati, P.S.-Pasraha, Gogri, District-Khagaria.

16. Chandra Tanti, son of late Kishun Tanti

17. Upendra Tanti, son of late Kishun Tanti

18. Daya Ram Tanti, son of late Kishun Tanti. All resident of village-Sahraon, P.O.-Sahraon, P.S.-Gogri, DistrictKhagaria.

19. Maya Ram Tanti, son of late Gena Tanti

20. Basudeo Tanti, son of late Ashik Tanti

21. Jago Tanti, son of late Gena Tanti

22. Dinesh Tanti, son of late Chamru Tanti

23. Kallar Tanti, son of late Ramphal Tanti

24. Most.Chano Devi, wife of late Saryug Gorhi All are resident of village and P.O.-Sahraon, P.S.-Gogri, District-Khagaria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Prasad For the Respondent nos.1to5: Mr. Indeshwari Prasad Mandal, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-08-2015 Heard the parties.

Patna High Court CWJC No.5525 of 2011 (5) dt.24-08-2015 The petitioners are aggrieved by the order dated 01.07.1997 (Annexure-8) passed in Settlement Case No.2 of 199293 by the Anchal Adhikari, Gogri, whereby a recommendation was made to settle the lands in question among the eligible landless or poor persons. The petitioners are also aggrieved by the order dated 03.07.1997 passed by the D.C.L.R., Gogri, whereby approval has been granted for settlement of the lands in question among the eligible landless and poor persons. By the aforesaid orders, the lands have been treated to have vested with the State of Bihar as it was Gair Mazarua Khas Land.

Though, the impugned orders were passed in the year 1997 and subsequently parchas were issued in favour of the private respondent nos.6 to 24, but the present writ petition has been filed before this Court on 25.03.2011 after a long delay of about 14 years.

In the whole writ petition, no explanation has been furnished by the petitioners for approaching this Court after such a long delay of about 14 years. The subsequent orders of settlement/patta issued in favour of the private respondents have also not been brought on record.

The writ petition suffers from delay and laches on the part of the petitioners. Furthermore, the petitioners have not produced any valid documents in support of their claims over the lands in question.

In above view of the matter, this Court does not find any good ground to interfere with the impugned orders. Accordingly, the writ petition stands dismissed. Arvind/- (Birendra Prasad Verma, J) U