Kamaleshwar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20272 of 2019 ====================================================== Kamaleshwar Pandit son of Baleshwar Pandit Resident of Daniyalpur Nurababu Tola, Ward No.- 17, P.S. Teghra, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Begusarai.

4.

The Addl. Deputy Collector, Begusarai.

5.

The Sub Divisional Officer, Teghra, Begusarai. 6.

The Deputy Collector of Land Reforms, Teghra, Begusarai. 7.

The Circle Officer, Teghra, Begusarai.

8.

The Circle Inspector, Teghra, Begusarai.

9.

The Revenue Halka Karamchari, Teghra, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen For the Respondent/s :

Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2019 Heard both sides.

The learned counsel for the petitioner submits that petitioner is landless person and he is in possession of the land for more than 30 years. The petitioner filed petition before the Circle Officer, Teghra, The D.C.L.R. Teghra, the Sub divisional Officer, Teghra and the Collector, Begusarai through speed post but no order has been passed.

It appears that the petitioner claimed that the Gairmazarua land on which the house of petitioner is situated

Patna High Court CWJC No.20272 of 2019(2) dt.15-10-2019 2/2 should be settled in his favour and for that the petitioner is filing petition before the competent authority for settlement of the land in his favour on the basis of the fact he is in possession of the land, as claimed by him, for more than 30-40 years. This court in writ jurisdiction cannot give any direction to the concerned authority to settle the land without verifying the facts as to the facts with regard to possession of the land is not established or admitted.

In this view of the fact, I dispose of the writ petition with a direction to the petitioner to present petition before the competent authority for settlement of the land in his favour and the authority if finds the petitioner in possession of the land and he has got no other land may pass order in accordance with law within a reasonable time.

With this direction, this writ petition is disposed of. (Prabhat Kumar Jha, J) BKS/- U