Patna High CourtCWJC/15665/2006disposed

Sachchidanand Singh v. The State Of Bihar And ORS

2018-01-09Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15665 of 2006 ====================================================== Sachchidanand Singh, ( Legal Heir) S/O Late Ram Narayan Singh Resident Of Village & P.O- Naugarh, P.S- Aurangabad, District- Aurangabad Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Aurangabad

3. The Additional Collecotr, Aurangabad

4. The Sub-divisional Magistrate, Aurangabad

5. The Circle Officer, Aurangabad .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5899 of 2013 IN Civil Writ Jurisdiction Case No. 15665 of 2006 ======================================================

1. Sachida Nand Singh ( Legal Heir) S/O Late Ram Narayan Singh Resident Of Village & P.O- Naugarh, P.S- Aurangabad, District- Aurangabad Bihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Shri Abhijit Sinha The Present The District Magistrate- Cum- DistrictCollector, Aurangabad, Bihar And Shri Abhay Kumar Singh, The Then District Magistrate- Cum- District Collector, Aurangabad, Bihar

3. Shri Praveen Kumar Jha, The Additional District Magistrate, DistrictAurangabad, Bihar.

4. Shri Rajeev Roshan, The Sub- Divisional Magistrate, District, Aurangabad, Bihar.

5. Shri Virendra Kumar,The Circle Officer, Aurangabad, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

(In CWJC No.15665 of 2006) For the Petitioner/s : Mr. Rajendra Prasad Singh For the Respondent/s : Mr. Mukund Mohan Jha, A.C. to G.P.27 (In MJC No.5899 of 2013) For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Mukund Mohan Jha, A.C. to G.P.27 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2018 Heard Mr. Ajay Kumar Thakur, learned counsel

appearing on behalf of the petitioner and Mr. Prabhakar Jha, G.P.27 appearing on behalf of the State.

The Collector, Aurangabad is present in Court. It appears that vide order dated 24.07.2013, the Collector, Aurangabad was directed to hand over the possession of the land to the land owner-petitioner but till 05.01.2018, the petitioner was not put in possession of the land. The Collector, Aurangabad was directed to be present in Court. In pursuance thereof the Collector, Aurangabad is present in Court and filed supplementary show cause, Annexure-H that the possession over entire lands of Khata No.41 and others measuring area 25.64 acres has been delivered to the petitioner on 08.01.2018. Mr. Ajay Kumar Thakur, learned counsel for the petitioner submits that of course on 08.01.

2018, the possession of the entire lands has been handed over to the petitioner but the persons in favour of whom the purchas were issued are always threatening the petitioner to dispossess him, on such, Mr. Prabhakar Jha, G.P.27 submits that in such case, if the petitioner shall be dispossessed at the hands of any persons, the petitioner may file petition before the Collector who shall ensure the possession of the petitioner.

Considering the facts aforesaid that the possession of

the entire lands has already been restored to the petitioner and the Collector, Aurangabad has undertaken to redeliver the possession if any person forcibly take possession of the land, this writ petition and contempt petition are disposed of as the possession of the entire land has already been given to the petitioner. The personal attendance of the Collector, Aurangabad is dispensed with.

(Prabhat Kumar Jha, J) Saurabh/- U