Vishwanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18039 of 2022 ====================================================== Vishwanath Prasad S/o Dipnarayan Prasad Resident of Village- Ward No. 12 Bada Baudha, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Bihar Revenue and Land Reform Department at Patna.

2.

The Collector, District East Champaran at Motihari. 3.

The Deputy Collector of Land Reform Sadar (Motihari), East Champaran at Motihari.

4.

The Circle Officer, Sugauli, District East Champaran. 5.

The Superintendent of Police, District East Champaran at Motihari. 6.

Uma Devi W/o Binod Paswan Resident of Village- Bara Budha, Ward No.- 12, P.O.- Sugawan, P.S. and Anchal- Suguali, District- East Champaran. 7.

Ramashish Mahato S/o Late Kodai Mahto Resident of Village- Chhota Baudha, P.O.- Sugawan, P.S.- Anchal- Sugauli, District- East Champaran. 8.

Chhabila Bhagat S/o Late Paras Bhagat Resident of Village- Chhota Baudha, P.O.- Sugawan, P.S.- Anchal- Sugauli, District- East Champaran. 9.

Lal Bahadur Bhagat S/o Late Bhagwan Bhagat Resident of Village- Chhota Baudha, P.O.- Sugawan, P.S.- Anchal- Sugauli, District- East Champaran. 10.

Sudama Bhagat S/o Late Paras Bhagat Resident of Village- Chhota Baudha, P.O.- Sugawan, P.S.- Anchal- Sugauli, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the instant application for the following reliefs:- "(i) For setting aside order dated 01.09.2022 passed in Case No. 27/2022-23 by

Patna High Court CWJC No.18039 of 2022(2) dt.07-04-2023 2/3 Deputy Collector, Land Reform Sadar Motihari whereby and where under Circle Officer as well as Station House Officer, Sugauli was directed to assure the possession of private respondent on land bearing Khata No. 240 Plot no. 1335/2 area 40 decimal.

(ii) For setting aside notice dated 23.09.2022 passed in Dakhaldahani Case No. 04/2022-23 passed by Circle Officer, Sugauli, East Champaran whereby and where under petitioner was directed to vacate land bearing khata no. 240 plot no. 1335/2 area 40 decimal by 30.09.2022." It is the case of the petitioner that pursuant to the order dated 1.9.2022 passed in Case no. 27 of 2022-23 by the Deputy Collector Land Reforms, Sadar, Motihari, the respondent authorities are taking steps to dispossess the petitioner. It is submitted that the petitioner has preferred an appeal bearing Case no. 234 of 2022 against the aforesaid order before the Commissioner, Tirhut Division, Muzaffarpur which is pending. However as the office of the Commissioner, Tirhut Division was vacant, he was forced to file the instant writ application apprehending disturbance in his possession. Learned

Patna High Court CWJC No.18039 of 2022(2) dt.07-04-2023 3/3 counsel fairly submits that the Commissioner, Tirhut Division has been posted.

In view of the facts of the case, the petitioner having preferred Appeal no. 234 of 2022 against the order dated 1.9.2022 and the same being pending before the Commissioner, Tirhut Division, Muzaffarpur, the instant application is disposed of with the following directions:- (I) The petitioner shall appear before the Commissioner, Tirhut Division, Muzaffarpur where his Appeal no. 234 of 2022 has been preferred and shall pursue the same praying therein for any interim order etc.

(II) The petitioner shall appear before the Commissioner, Tirhut Division, Muzaffarpur on or before 25.4.2023. Till 1.5.2023 or till any order is passed by the learned Commissioner, Tirhut Division, Muzaffarpur in Appeal no. 234 of 2022, whichever is earlier, status quo with respect to the land of the petitioner, which is the subject matter of the instant application, shall be maintained.

(Partha Sarthy, J) Spd/- U