Shakti Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16151 of 2019 ====================================================== Shakti Kumar Prasad Son of Sri Ram Nandan Prasad, resident of VillageDhirabigha, P.O.- Mati, P.S.- Kakol Bhelawar, District- Jehanabad. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.
2.
The Divisional Commissioner, Magadh Division, Gaya. 3.
The Collector-Cum-District Magistrate, Jehanabad. 4.
The Additional Collector, Jehanabad.
5.
The Sub-Divisional Officer, Sadar, Jehanabad. 6.
The Deputy Collector Land Reforms, Sadar, Jehanabad. 7.
The Circle Officer, Kako, Jehanabad.
8.
Reena Devi, Wife of Ranjeet Das, resident of Village- Chatartola Chainpur, P.S.- Kako, District- Jehanabad.
9.
Meena Devi, Wife of Kamaldeo Das, resident of Village- Chatartola Chainpur, P.S.- Kako, District- Jehanabad.
10.
Smt. Kaushalaya Devi, Wife of Janaki Das, resident of Village- Chatartola Chainpur, P.S.- Kako, District- Jehanabad.
11.
Smt. Vijanti Devi, Wife of Naudeep Das, resident of Vilage - Chatartola Chainpur, P.S.- Kako, District- Jehanabad.
12.
Smt. Reeta Devi, Wife of Shailendra Das, resident of Vilage - Chatartola Chainpur, P.S.- Kako, District- Jehanabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratanakar Jha, Advocate For the Respondent/s :
Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the parties.
Petitioner is aggrieved by the issuance of Parcha in favour of private respondents no. 8 to 12 under the provisions of Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as "the 1947 Act"). The petitioners are
Patna High Court CWJC No.16151 of 2019(3) dt.08-08-2019 2/2 said to have approached the authorities under Bihar Right to Public Grievance Redressal Act, 2015 against issuance of Parcha under the provisions of the 1947 Act.
In my view, the petitioner's remedy lies under Section 21 of the 1947 Act which confers upon the Collector a power to call for and examine the records of any case decided in a proceeding taken by the Collector under the Act for satisfying himself as to the regularity of the proceeding or to the correctness, legality or propriety of an order passed by the Collector under the Act.
This application is, thus, disposed of with the only observation that the petitioner shall be at liberty to invoke provisions under Section 21 of the 1947 Act by making appropriate application before the Collector. The Court expects that if any application is made invoking Section 21 of the 1947 Act, the competent authority shall proceed to dispose of the same expeditiously preferably within six months from the date of making of the application.
(Chakradhari Sharan Singh, J) Rajesh/- U