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Patna High CourtCWJC/15386/2024dismissed

Mahant Veer Raghav Prapanna Ramanuj Das v. The State Of Bihar

2024-10-25Mr. Justice Partha Sarthy,The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15386 of 2024 ====================================================== Mahant Veer Raghav Prapanna Ramanuj Das Disciple/Chela of Late Mahant Sampat Kumar Ramanuj Das Resident of Village- Hanuman Nagar (Oena), P.S.- Garha (Previously Runnisaidpur), District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Director of Consolidation, Bihar, Patna.

3.

The Joint Director of Consolidation (Mu), Bihar, Patna. 4.

The Additional Collector-cum- Deputy Director of Consolidation, Sitamarhi. 5.

The Circle Officer-cum- Consolidation Officer, Runnisaidpur, DistrictSitamarhi. 6.

The Director, Land Records and Survey (Under Bihar Special Survey and Settlement Act, 2011).

7.

The Settlement Officer, Sitamarhi (Under Bihar Special Survey and Settlement Act, 2011).

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

For the Petitioner/s :

Mr. Rajan, Advocate For the Respondent/s :

Mr. P.K.Shahi, Advocate General Mr. Vikas Kumar, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-10-2024 The petitioner seeks issuance of a notification under Section 26A of Bihar Consolidation of Holdings and Prevention of Fragmentation Act (Consolidation Act for short), closing the consolidation operations in village-Sumahuti and village Oena. The petitioner also seeks for an appropriate writ for a direction to the respondent nos.6 and 7 not to proceed with special survey

Patna High Court CWJC No.15386 of 2024(2) dt.25-10-2024 2/2 and settlement operation under Bihar Special Survey and Settlement Act, 2011.

2. We are of the opinion that no such blanket orders can be granted to issue a notification in two villages without hearing the affected parties.

3. We also find that the Special Survey and Settlement is carried on under the aegis of the State and the individuals who are prejudiced by any action can take up the matter before this Court or the appropriate authority. We find absolutely no reason to entertain a Public Interest Litigation on this aspect.

4. The writ petition stands dismissed.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Saurabh/- U