Ramdhyan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19348 of 2013 ======================================================

1. Ramdhyan Yadav, son of late Lal Mohar Yadav

2. Sushila Devi, wife of Ramdhyan Yadav Both resident of village+P.O.+P.S.-Brahampur, District-Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner Land Reforms, Govt. of Bihar, Old Secretariat, Patna.

3. The Commissioner, Patna Division, Patna.

4. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

5. The Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

6. The Collector, Buxar

7. The Additional Collector, Revenue, Buxar.

8. The Additional Collector, Buxar.

9. The Sub-Divisional Officer, Dumraon, Buxar.

10. The Dy. Collector Land Reforms, Dumraon, Buxar.

11. The Circle Officer, Brahampur, District-Buxar.

12. Mukhiya, Gram Panchayat, Brahampur, District-Buxar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manendra Kumar Sinha, Adv. For the Respondent nos.1to11 : Mr. Anjani Kumar, AAG-6 Mr.Sanjay Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 14-12-2015 Heard the parties.

The grievance of the petitioners is that, though they have applied for settlement of plot no.4702 area 12 decimals situate at Mauza-Brahampur in the district of Buxar and a proceeding was started by the concerned Circle Officer on certain occasions, but on one pretext or the other the final order is not being passed in favour of the petitioners, though they are landless persons.

In view of the nature of the grievances raised on behalf of the petitioners and in view of the averments made in the counter affidavit filed on behalf of the respondent no.11 stating

Patna High Court CWJC No.19348 of 2013 (3) dt.

14-12-2015 therein also that the petitioners are landless persons and a case is still pending before the Anchal Adhikari, Brahampur for settlement of lands in question in their favour, the petitioners are directed to appear before the respondent District Collector, Buxar with all supporting documents in respect of their claims as also with a certified copy of the present order within a period of one month from today, whereafter the respondent District Collector shall ensure that the final order is passed in either way in accordance with law with respect to the claims raised on behalf of the writ petitioners either by the respondent District Collector himself or by any other competent/prescribed authority prescribed under the relevant Statute, but, before doing that, an opportunity of hearing must be given to all concerned including the petitioners and the private individuals, if any.

However, the matter shall not be kept pending for an unending period either on one pretext or the other particularly on the ground of relevant records being traceless.

All endeavours shall be made to decide the claims of the petitioners within a period of three months from the date of appearance of the petitioners in the manner indicated above. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U