Jokhan Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13641 of 2017 ====================================================== Jokhan Bhagat, Son of Late Chetman Bhagat, Resident of Village Bagahwan, Post Office Semariya, P.S. Kateya, District Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar, thourhg Collector, Gopalganj.

2. The Superintendent of Police, Gopalganj.

3. The Circle Officer, Panchdeori.

4. The Station House Officer, Kateya Police Station.

5. Suganti Devi, Wife of Jai Ram Singh.

6. Shree Ram Singh, Son of Ram Jatan Bhagat.

7. Narsingh Sah, Son of Bandhu Sah.

Respondent Nos.5 to 7 are resident of Village Bagahwan, P.O. Semariya, P.S. Kateya, District Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar For the Respondent/s :

Mr. Rishi Raj Sinha -Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-09-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner has filed this writ petition for a direction to the respondents to take necessary actions for protecting the peaceful possession of the petitioner of the lands mentioned in Khata No.117, Khesra No.278, Thana No.522, Area 13⁄4 decimal, which was settled in favour of the petitioner vide Settlement Case No.18 of 2010-11.

Learned counsel for the petitioner submits that the land of Khata No.117, Khesra No.278, Thana No.522, Area 13⁄4 decimal was settled in favour of the petitioner and his wife

Patna High Court CWJC No.13641 of 2017(2) dt.10-09-2018 2/2 Chanmati Devi on the basis of long possession of the petitioner but the respondents are bent upon to dispossess the petitioner from the land settled in his favour. From the facts, it appears that the petitioner apprehends dispossession of his land said to be settled in his favour and the petitioner has got appropriate remedy under the Bihar Land Disputes Redressal Act, 2009. In the writ jurisdiction, the land dispute cannot be settled. Accordingly, I dispose of this writ petition directing the Deputy Collector Land Reforms, Hathua, Gopalganj that if any petition is filed by the petitioner apprehending his dispossession from the land settled in favour of the petitioner, the DCLR shall take action under the BLDR Act and pass order in accordance with law.

With the aforesaid observation, this writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U