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Patna High CourtCWJC/14573/2025disposed

Birendra Singh v. The State Of Bihar

2025-09-16Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14573 of 2025 ====================================================== Birendra Singh Son of Late Bhagwan Singh Resident of Village and P.O.- Dumariya, P.S.- Shahpur, District- Bhojpur at Ara (Bihar). ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Patna Division, Patna. 3.

The Collector, Bhojpur at Ara.

4.

The Deputy Collector Land Reforms, Jagdishpur, District- Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Pandey, Adv.

For the State :

Mr. Madan Mohan, AC to SC-05 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-09-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seeking for the following relief(s):

"(A) For directing the Respondent Authorities to take proper steps, on the application submitted by the Petitioner, pursuant to the Section 16(4)(ii) of the Bihar Land Reforms (Fixation of Ceiling Area And Acquisition of Surplus Land) Act, 1961 for return of deposited money under Repeal Section 16(3) of the Act, 1961. (B) For directing the Respondent Authorities especially the Collector, Bhojpur to proceed with the Memo No.286 dated 10.06.2025 issued by the Secretary, Divisional Commissioner, Patna Division to the Collector Bhojpur

Patna High Court CWJC No.14573 of 2025(2) dt.16-09-2025 2/3 at Ara by which direction has been issued to decide / take steps on the application submitted by the petitioner for return of deposited money in Preemption Case being Preemptor.

(C) For grant of any other relief or reliefs for which the petitioner found entitled too.

2. The main grievance of the petitioner is that the amount of Rs. 51,700/- deposited by him vide Challan No. 0029001000100 of the State Bank of India, Ara Branch, in connection with Land Ceiling (Preemption) Case No. 07 of 2007-08 under Section 16(3)(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 has not been returned to him, despite the said case having abated following the repeal of Section 16(3)(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 and in this regard, he has submitted applications before DCLR, Jagdishpur and Collector, Bhojpur but no action has been taken. It is further submitted that the petitioner has recently sent an application to the respondents through speed post on 22.05.2025 but nothing has been done to redress his grievance.

3. Mr. Madan Mohan, learned counsel appearing for the State/respondents has no opposition to the aforesaid prayer

Patna High Court CWJC No.14573 of 2025(2) dt.16-09-2025 3/3 of the petitioner.

4. Considering the aforesaid submissions, the DCLR, Jagdishpur is hereby directed to take steps to refund the aforesaid amount deposited by the petitioner in connection with Land Ceiling (Preemption) Case No. 07 of 2007-08 as per the provisions of law within three weeks from the date of receipt of this order's copy.

5. Accordingly, with the above direction, the instant writ petition stands disposed of.

(Shailendra Singh, J) Rajiv/- U