Ram Uday Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4072 of 2019 ====================================================== Ram Uday Yadav S/o Mogal Yadav Res. of Vill.- Sadanandpur, P.S.- Balia, Distt.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar and Ors Through the Principal Secretary- Cum- Second Appellate Authority, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The District Magistrate - Cum - Collector Begusarai. 3.

The Additional Collector Land and Revenue, Begusarai. 4.

The Deputy Collector lad Reforms, Ballia, Begusarai. 5.

The Sub- Divisional Officer Balia, Begusarai. 6.

The Circle Officer Ballia, Begusarai.

7.

Prabhakar Vardhan Singh S/o Sri Suraj Shekhar Prasad Singh Res. of Vill.- Sadanandpur, P.S.- Ballia, Distt.- Begusarai. 8.

Diwakar Vardhan Singh S/o Shekhar Prasad Singh Res. of Vill.- Sadanandpur, P.S.- Ballia, Distt.- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the private respondent who appeared suo moto in the present case.

2. The present writ petition has been filed for quashing the order 02.10.2018 passed in Misc. Case No. 20110228021801783/2A by respondent No. 1 vide Memo No. 2483 dated 15.10.2018, directing the respondent not to disturb

Patna High Court CWJC No.4072 of 2019(3) dt.27-02-2025 2/3 in peaceful physical possession over the land situated in Mauza- Balachak, Thana No. 320, Tauzi No. 5663, Khata No. 60, Khesra No. 39, area- 1 Bigha 4 Katha 16 Dhurs.

3. Learned Counsel for the petitioner submits that the petitioner is a descendant of the landlords and has come into possession of the said land through the vesting of Jamindari, and has begun paying rent accordingly. Counsel further submits that when respondent Nos. 6 and 7 started creating disturbances in the petitioner's possession, the petitioner moved before several forums, including land dispute case No. 06 of 2015. Counsel also submits that the petitioner is presently aggrieved by the order dated 02.10.2018 passed by the second appellate authority under the Bihar Lok Shikayat Niwaran Act (Bihar Right to Public Grievance Redressal Act, 2015) [Act 19 of 2015]. Counsel further submits that the second appellate court has rejected the petitioner's claim to file a suit before the competent Court.

4. Learned Counsel for the State submits that there is no need to interfere with the order passed by the appellate authority, as there is a dispute concerning raiyati land between respondent Nos. 6 and 7, and the only remedy available lies before the Civil Court, not before any other Court.

Patna High Court CWJC No.4072 of 2019(3) dt.27-02-2025 3/3

5. In this view of the matter, the writ petition stands disposed off, with liberty granted to the petitioner to move before the competent Civil Court for redressal of his grievances.

(Dr. Anshuman, J.) Aman Kumar/- U