Ranjeet Saw v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13507 of 2017 ====================================================== Ranjeet Saw son of late Rajendra Prasad resident of village and P.S. Sikandra, Dist Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Land Reforms Deputy Collector, Jamui. 2.

The Collector cum District Magistrate, Jamui. 3.

Land Reforms Deputy Collector, Jamui.

4.

Circle Officer, Sikandra, Jamui.

5.

Kali Gope son of Fekan Gope 6.

Murari Yadav 7.

Khiru Gope 8.

Ghutar Gope All sons of Kali Gope all residents of village Sabalbigha Lachhuar, P.S. Sikandra, Dist. Jamui.

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Respondent/s :

Mr.Rishi Raj Sinha-SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2019 The petitioner is aggrieved by an order dated 02.05.2017, passed by the Member (Administrative), Bihar Land Tribunal, Patna in B.L.T. Case No. 1197 of 2015. It seems that raising his grievance against nonimplementation of certain orders passed under Bihar Land Dispute Resolution Act, 2009, the petitioner had approached the Bihar Land Tribunal, Patna. Bihar Land Tribunal has been constituted under Bihar Land Tribunal Act, 2009. On perusal of the various provisions under the Bihar Land Tribunal Act, I do

Patna High Court CWJC No.13507 of 2017(3) dt.08-03-2019 2/2 not find that the petitioner could maintain his application before the Tribunal at all with the grievance which he had raised. Various orders passed by the authorities under Bihar Land Dispute Resolution Act, 2009, are not capable of being implemented evidently because the dispute relates to their respective title and possession of the parties in respect of the land in question. On perusal of the order passed by the Deputy Collector Land Reforms dated 28.10.2013, it can be easily noticed that dispute in respect of title and possession over the land in question is involved. In view of this Court's decision in case of Maheshwar Mandal Vs. State of Bihar and ors reported in 2018(3) PLJR 1007, disputed question of title and possession cannot be adjudicated upon by the authorities under the Bihar Land Dispute Resolution Act, 2009. After realizing the situation as noted above, learned counsel for the petitioner has sought liberty to file a suit before a competent Court of civil jurisdiction, in this regard.

This application stands disposed of with the liberty as sought for.

(Chakradhari Sharan Singh, J) arun/- U