Nathun Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9620 of 2016 ====================================================== 1.

Nathun Singh, Son of Late Bhikhar Singh 2.

Ram Prakash Singh Son of Late Ram Bahadur Singh 3.

Jhulan Singh Son of Late Sahdeo Singh All are residents of village - Amra Tola, Babhan Bigha, P.O. Rampur Oina, P.S. Parasi, Disttrict - Arwal ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Divisional Commissioner, Magadh Division, Gaya 3.

District Magistrate, Arwal 4.

Superintendent of Police, Arwal 5.

Additional Collector, Arwal 6.

Sub - Divisional Magistrate, Arwal 7.

Deputy Collector, Land Reforms, Arwal, District Arwal 8.

Anchal Adhikari, Arwal, District Arwal 9.

Dashrath Paswan, Son of Parsuram Paswan 10.

Raja Pratap, Ram Son of Munsi Ram 11.

Ram Pravesh, Ram Son of Nathuni Ram 12.

Durjan Ram, Son of Gopal Ram 13.

Suchit Ram, Son of Dhaneshwar Ram 14.

Vinod Paswan, Son of Jhuni Ram 15.

Satyendra Paswan, Son of Munsi Ram 16.

Nirbhay Paswan, Son of Gariban Paswan 17.

Munna Paswan, Son of Ram Kishun Paswan 18.

Baban Paswan, Son of Muneshwar Paswan 19.

Ajay Ram, Son of Indradeo Ram 20.

Akhilesh Ram 21.

Kamlesh Ram Both are sons of Pradeep Ram All are residents of village - Amra Tola, Babhan Bigha, P.O. Rampur Oina, P.S. Parasi, Disttrict - Arwal ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr. Anant Prasad Singh, SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Patna High Court CWJC No.9620 of 2016(2) dt.22-09-2023 2/3 ORAL ORDER 22-09-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that Bihar Land Dispute Resolution Case No. 6 of 2011 had been decided in favour of the petitioners by the Deputy Collector Land Reforms and against the said order, an appeal being Land Dispute Resolution Appeal No. 102 of 2011 had been preferred, but subsequently, the said appeal was withdrawn. As such, the order passed by the Deputy Collector Land Reforms was affirmed and still is in existence, but even then, the private respondents were disturbing the petitioners and, therefore, they came before this Court.

3. Learned counsel for the State has raised a preliminary objection and submits that since as per the argument of the petitioners, the order of the Deputy Collector Land Reforms is in favour of the petitioners then in that case, the petitioners have the remedy to file an application before the Deputy Collector Land Reforms under Section 15 of the Bihar Land Disputes Resolution Act, 2009 (Act 4 of 2010) for the execution of the said order.

4. In that view of the matter, the present writ petition stands disposed of directing the petitioners to file an application

Patna High Court CWJC No.9620 of 2016(2) dt.22-09-2023 3/3 before the Deputy Collector Land Reforms, Arwal for the execution of the said order.

5. With the above observation and direction, the present petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- U