Umesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15443 of 2022 ====================================================== Umesh Bhagat Son of late Ramdular Bhagat, Resident of Village- Binda, P.O.- Binda, Musharai, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Land and Revenue, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The Deputy Collector Land Reforms, Muzaffarpur East, District Muzaffarpur.

5.

The Circle Officer, Musharai, District- Muzaffarpur. 6.

The Station House Officer (SHO), Mushari.

7.

Jalim Mishra son of Late Bachcha Mishara, Resident of Village- Dwarika Nagar, P.O.- Binda, P.S.- Mushari, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Wasi Akhtar, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-08-2023 Learned counsel for the petitioner and learned counsel for the State are present.

2. The present writ petition has been filed by the petitioner seeking direction to respondent Divisional Commissioner, Tirhut Division to decide BLDR Appeal No. 138 of 2022 as expeditiously as possible and also for issuance of direction to the respondent authorities not

Patna High Court CWJC No.15443 of 2022 dt.18-08-2023 2/3 executed/implemented the order dated 11.06.2012 passed in BLDR Case No. 13 of 2021-2022 by the Deputy Collector Land Reforms, Muzaffarpur till disposal of BLDR Appeal No. 138 of 2022.

3. Learned counsel for the petitioner submits that a letter has been issued wherein Memo No. 202 dated 08.02.2013 at the level of Divisional Commissioner, Tirhut Division, Muzaffarpur in which a direction has been made that in all cases where appeal is pending then till disposal of appeal, restriction may be made for implementation of the decision.

4. Learned counsel for the State submits that in such matters the petitioner himself has liberty to move before the appellate authority, particularly when a general letter has already been issued at the level of the appellate authority.

5. In this background, this Court directs the appellate authority i.e. Divisional Commissioner, Tirhut Division to look into this matter and disposed of the appeal within three months from the date of production of the order before him and if there is any delay due to any reason then issue direction to the lower authorities in light of the order issued from his office vide Memo No. 202 dated 08.02.2013.

6. With the aforesaid observation and direction, the

Patna High Court CWJC No.15443 of 2022 dt.18-08-2023 3/3 present writ petition is disposed off.

(Dr. Anshuman, J.) ravishankar/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.08.2023 Transmission Date N.A.