Ram Naresh Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16074 of 2014 ======================================================

1. Ram Naresh Rai Son of Late Sita Ram Rai

2. Ram Ladu Prasad Son of Late Samaru Rao

3. Lalan Pandit, son of Sri Baban Pandit All Resident of village- Adala, P.S.- Naubatpur, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary, Land Revenue, Govt. of Bihar, Patna

2. The Divisional Commissioner, Patna Division, Patna

3. The District Magistrate, Patna

4. The S.D.O. Danapur, Patna

5. The Deputy Land Reforms, Danapur, Patna

6. The Circle Officer, Naubatpur, Patna

7. Krishna Prasad, son of Late Ram Prasad

8. Sidhi Pd. @ Sidharth Pd.

9. Pawan Kumar Both sons of Sri Krishna Pd. Resident of village- Adala, P.S.- Naubatpur, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohan Kumar Singh, Adv. For the Respondent Nos. 1 to 5 : Mr. Jai Prabhat Kishore, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-11-2016 Heard.

The grievance of the writ petitioners is that though the order has been passed by the competent authority under the provisions of The Bihar Land Disputes Resolution Act, 2009 (in short 'Act, 2009'), which has been affirmed by the appellate authority as also by the learned Bihar Land Tribunal, Patna, but till date the aforesaid order has not been executed/ implemented. The learned State counsel appearing on behalf of the official respondents, on the other hand, submits that for execution of the order passed under the provisions of the Act, 2009, the petitioners are required to file an appropriate petition under Section 15 of the Act, 2009 before the competent authority and

Patna High Court CWJC No.16074 of 2014 (3) dt.24-11-2016 2/2 that having not been done, the writ petition is fit to be dismissed at this stage.

In view of the nature of the grievances raised on behalf of the petitioners in the present writ petition, the petitioners are granted liberty to file an appropriate petition under Section 15 of the Act, 2009 before the competent authority for execution of the order passed in their favour.

If such a petition is filed on behalf of the petitioners within a period of one month from today with a certified copy of the present order, then the respondent D.C.L.R., Danapur shall be obliged to initiate an appropriate proceeding in terms of Section 15 of the Act, 2009 for getting the earlier order executed in accordance with law. However, before passing any final order, an opportunity of hearing must be given to all concerned. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U