Heera Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17723 of 2022 ====================================================== Heera Lal Prasad, Son of Late Shobha Prasad, Resident of Village-Sunsariya, P.O. Sunsariya, Police Station-Bettiah Mufassil, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, West Champaran, Bettiah. 2.

The Collector Cum District Magistrate, Bettiah, West Champaran. 3.

The Land Reforms Deputy Collector, Bettiah, West Champaran. 4.

The Circle Officer, Nautan, West Champaran.

5.

Dhrup Sah, Son of Late Indrasan Sah @ Jnardan Sah, Resident of VillageSunsariya, P.O. Sunsariya, POlice Station-Bettiah Mufasil, District-West Champaran.

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

For the Petitioner/s :

Mr.Ram Kishun Prasad, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 01-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2.The present writ petition has been filed for directing the respondents to execute the order dated 03.02.2011 passed by the respondent No.3, namely, the Land Reforms Deputy Collector, Bettiah, West Champaran passed in Miscellaneous Case No. 05/10-11 under the Bihar Land Disputes Resolution Act, 2009 (Act 4 of 2010) (hereinafter referred to as 'the Act of 2009').

Patna High Court CWJC No.17723 of 2022 dt.01-08-2023 2/3

3. Learned counsel for the petitioner submits that the order passed in Miscellaneous Case No. 05/10-11 under the Act of 2009 was in favour of the petitioner and its execution is necessary. The petitioner has filed several representations to execute the said order, but no decision has been taken on the representation of the petitioner till date.

4. Learned counsel for the State submits that power of execution of the order passed in the Bihar Land Dispute Resolution Case is vested in Sections 15 and 16 of the Act of 2009 and in view of the said provisions, the petitioner ought to have approached the competent authority for redressal of his grievances, but even then the petitioner has preferred the writ petition.

5. Upon going through the pleadings and the position of law, it is clear that Sections 15 & 16 of the Act of 2009 clearly states about the execution of the order passed by the competent authority, i.e. Bihar Land Dispute Land Resolution, therefore, the remedy lies for the petitioner is to take recourse of law.

6. As such, this writ petition is disposed of with a direction to the petitioner to avail his remedy in accordance with law as laid down in the Act of 2009 by way of filing fresh

Patna High Court CWJC No.17723 of 2022 dt.01-08-2023 3/3 representation along with a copy of this order within a period of four weeks from today.

7. It is expected from the competent authority under the Act of 2009 that he shall do the needful within a period of eight week from the date of filing of fresh representation by the petitioner in this matter.

8. With the above observation and direction, the writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.08.2023 Transmission Date NA