Nand Prasad @ Nand Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18893 of 2017 ====================================================== Nand Prasad @ Nand Prasad Singh Son of late Balbhadar Bhagat Resident of Village Chakhane Tola Sita Patti, P.S. Anchal and Prakhand Vijaipur, DistrictGopalganj. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Collector, Gopalganj, District- Gopalganj. 3.
The Sub Divisional Officer, Hathua, District Gopalganj. 4.
The Anchala Adhikari Vijaipur, District Gopalganj. 5.
The Bihar Bhoodan Yojna Committee, Road No. 34 , Gardanibagh Patna P.S. Gardanibagh, District Gopal 6.
The Chairman, Bihar Bhoodan Yojna Committee, Road No. 34 , Gardanibagh Patna P.S. Gardanibagh, Dist 7.
The Regional Officer Cum Office Secretary, District Bhoodan Yojana Office, Arar More, Gopalganj, District- Gopalganj 8.
Arun Kumar Singh 9.
Jawahar lal Singh 10.
Munna Singh 11.
Krishna Singh 12.
Pradip Singh 13.
Pramod Singh All Sons of late Rameshwar Singh 14.
Hari Lal Bhagat Son of late Ramanand Bhagat Serial No. 8 to 14 are residents of Village Chakhani tola, Sitapatti, P.S. and Anchal Vijaipur, District Gopalganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the State :
Mr. Dhurjati Kumar Prasad, GP 15 For the Respondent No.5 :
Mr. Rajni Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2025 Heard the parties.
2. The present writ petition has been preferred for the following relief(s):-
Patna High Court CWJC No.18893 of 2017(2) dt.24-06-2025 2/3 "(A) For issuance of an appropriate for quashing the order dated 21.10.2016 (Annexure-1) passed by respondent no. 4 Anchaladhikari, Vijaipur, District- Gopalganj, in Miscellaneous Case No. 18/2016 thereby the claim of the private has been allowed with regard to the land in question measuring area 29 decimals of Survey (Plot) No. 157 under Khata No. 125 of village Chakhani, P.S.- Vijayipur of District- Gopalganj.
(B) For issuance of an appropriate writ for quashing the So called Certificate No. 24732 dated 02.05.2009 (Annexure 5) issued by the functionary of the Bihar Bhoodan Yojna Committee.
(C) For issuance of an appropriate writ/order/ direction commanding the respondent authorities to restrain the private respondents to disturb the peaceful possession of the petitioner with regard to the land which has already been settled vide Rent Fixation Case No. 4/61-62 and 5/61-62 (Annexure 1 Series) measuring area one Acres 30 decimals on the basis of Praman Patra dated 15.01.2015 which details are mentioned in the order dated 21.10.2016 (Annexure 4) passed by the respondent Anchaladhikari, Vijaipur in Miscellaneous Case No. 18/2016."
Patna High Court CWJC No.18893 of 2017(2) dt.24-06-2025 3/3
3. A counter affidavit has come on behalf of the respondent nos. 2 to 4 and as per paragraph 7 and 8, the petitioner had an alternative remedy of filing an appeal against the order dated 21.10.2016 passed by the Circle Officer, Vijaipur, which has not been filed.
4. Learned counsel for the petitioner submits that he shall be approaching the respondent authorities for filing an appeal but there has been delay as the matter has been pending before this Court, in case the petition is preferred in next four weeks, the authorities shall take into account the fact that the writ petition was pending before this Court while dealing with a limitation petition.
5. The writ petition stands disposed of with aforesaid observation.
(Rajiv Roy, J) Ranjeet/- U