Budhay Ram @ Budhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14229 of 2024 ====================================================== Budhay Ram @ Budhu Ram Son of Saryug Ram Resident of Village and P.O.- Nauwabakhar, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate-cum- Collector, Supaul. 3.

The Deputy Collector, Land Reforms (D.C.L.R.), Supaul. 4.

The Circle Officer, Kishanpur, District- Supaul. 5.

Masomat Ghoghiya Devi, Wife of Late Mitan Ram Resident of VillageNauwabakhar, P.S.- Kishanpur, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the State :

Mr. Kumar Pankaj, A.C. to S.C.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-09-2024 Heard Mr. Pramod Mishra, learned Advocate for the petitioner and Mr. Kumar Pankaj, learned Advocate for the State.

2. The petitioner is aggrieved by the order dated 20.10.2023 in Basgit Parcha Appeal Case No.22 of 2018 by which the Collector, Supaul has rejected the aforenoted appeal preferred by the petitioner against the order dated 11.11.2006 passed by the respondent Circle Officer, Kishanpur in Basgit Case No.24 of 2006-07 whereunder as per the claim of the petitioner his raiyati land, in question, has illegally been settled to respondent No.5.

Patna High Court CWJC No.14229 of 2024(2) dt.23-09-2024 2/3

3. After some argument, learned Advocate for the petitioner fairly submitted that against the impugned order passed by the Collector, Supaul as contained in Annexure-P/4 dated 20.10.2023 though the petitioner has an appropriate remedy before the Bihar Land Tribunal under Section 9 of the BLT Act, 2009 but since some delay has occurred, therefore, in order to take recourse as stated above, the petitioner is facing difficulty.

4. Learned Advocate for the State submitted that the latches on the part of the petitioner is writ large that earlier also the order passed by the Circle Officer dated 11.11.2006 was questioned before the Collector after a long delay of 12 years and this time the petitioner has caused delay in espousing his claim before the Bihar Land Tribunal.

5. Having heard the learned advocate for the respective parties and taking note of the fact that the order passed by the Circle Officer has been entertained by the Collector, Supaul in Basgit Parcha Appeal Case No.22 of 2018 and disposed off on 20.10.2023, the question of delay in earlier round of litigation lost its effect on the face of the record. Let the present writ petition stands disposed off with a liberty to the petitioner to approach before the Bihar Land Tribunal by filing

Patna High Court CWJC No.14229 of 2024(2) dt.23-09-2024 3/3 an appropriate application/case preferably within a period of four weeks from today. In case the petitioner files appropriate application/case before the Bihar Land Tribunal along with the application for condonation of delay, the same may be considered sympathetically and dispose off the case in accordance with law.

6. The writ petition stands disposed off the liberty aforesaid.

(Harish Kumar, J) durgesh/- U