Rais Fatma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12464 of 2024 ====================================================== 1.
Rais Fatma, D/o Md. Mazhar Hussain, Resident of Madhepur Tola Bagdeo, P.S.- Balrampur, District- Katihar.
2.
Md. Manowar Hussain, S/o Md. Mazhar Hussain, At Madhepur Tola Bagdeo, P.S.- Balrampur, District- Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue Land Reforms Department, State of Bihar, Administrative Bhavan, Secretariat, Patna. 2.
The District Collector Purnea, P.S.- Purnea, District- Purnea. 3.
The Sub-Divisional Officer, Baisi, P.S.- Baisi, District- Purnea. 4.
The Deputy Collector Land Reform Baisi, P.S.- Baisi, District- Purnea. 5.
The Circle Officer, Baisi, P.S.- Baisi, District- Purnea. 6.
Zeenat Ashrafi, Wife of Wali Ahmad, Resident of Village- Kajal, P.S.- Baisi, District- Purnea.
7.
Md. Ashraf, Son of Jamaluddin, Resident of Village- Kajal, P.S.- Baisi, District- Purnea.
8.
Kariban Nishan, Wife of Jamaluddin, Resident of Village- Kajal, P.S.- Baisi, District- Purnea.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Respondent/s :
Mr. Shiv Shankar Prasad, SC- 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-09-2024 Heard Mr. Nafisuzzoha, learned Advocate for the petitioners and Mr. Shiv Shankar Prasad, learned Advocate for the State.
2. The petitioners are aggrieved by the order dated 18.07.2023, issued under the signature of respondent nos. 3, 4 and 5, whereby the land, in question, has been settled in favour of private respondents, the particulars of which has been duly
Patna High Court CWJC No.12464 of 2024 dt.02-09-2024 2/3 mentioned in para. 1 of the writ petition.
3. Learned Advocate for the petitioners contended that apart from petitioner no.1, being a disabled lady, deserves all the sympathy to settle the land in her favour. She has no other land or any source of income for her livelihood. On the contrary, private respondents have sufficient land for their livelihood. It is further contended that nonetheless recommendation was made in favour of petitioner no.1, but without there being any justifiable reason, the land has been settled in favour of the private respondents.
4. Learned Advocate for the State contended that since the order has been issued jointly on behalf of respondent nos. 3 to 5, the petitioners have remedy to file an appropriate application before the learned Collector, Purnea.
5. In view thereof, the writ petition stands disposed of with liberty to the petitioners to raise their claim before the learned Collector, Purnea by filing an appropriate application. If such application is filed by the petitioners, the learned Collector, Purnea shall consider the grievance of the petitioners and dispose of the same by passing a reasoned and speaking order preferably within a period of four weeks from the date of receipt/production of a copy of this order.
Patna High Court CWJC No.12464 of 2024 dt.02-09-2024 3/3
6. The writ petition stands disposed of.
(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.09.2024 Transmission Date NA