Gagandev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15070 of 2023 ====================================================== Gagandev Paswan Son of Late Dahaur Paswan @ Bahadur Paswan Resident of Village- Shyampur, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

The Divisioal Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, East Champaran, Motihari. 4.

The Circle Officer, Anchal- Adapur, East Champaran. 5.

The Executive Engineer, Water Resources Department, Ghorashan Candal Division, Raxaul.

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

For the Petitioner/s :

Mr. J.S. Arora, Sr. Advocate Dr. Abhay Kumar, Advocate Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) Mr. Ram Pravesh Nath Tiwary, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-11-2023 The present writ petition has been filed seeking the following reliefs:- "(1)i. For setting aside the order dated 01.09.2023 passed in B.L.T.

Case No. 477 of 2023 by the Hon'ble Chairman, Bihar Land Tribunal whereby and whereunder, the said application filed by the petitioner has been rejected by affirming the order dated 10.02.2021 passed in Bandobasti

Patna High Court CWJC No.15070 of 2023(2) dt.08-11-2023 2/3 Cancellation Appeal Case No. 03 of 2018-19 by the learned Collector, East Champaran, Motihari, cancelling the settlement of the land having been settled in favour of the petitioner.

ii. Also for quashing the order dated 10.02.2021 passed in Bandobasti Cancellation Appeal Case No. 03 of 2018-19 passed by the learned Collector, whereby the bandobasti of land having been settled in favour of the father of the petitioner dated 12.07.1997 in Bandobasti Case No. 6/90-91 has been cancelled.

iii. In case of non-grant of relief no.

(ii) above for whatever reason, the respondent may be directed to settle an alternative land to the petitioner with compensation equivalent to the cost of construction made on the land presently settled in favour of the father of the petitioner and not to disturb the petitioner till alternative land is settled and handed over and

Patna High Court CWJC No.15070 of 2023(2) dt.08-11-2023 3/3 construction made thereon."

2.

At the outset, the learned Sr. counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law, including that of filing a suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that for a period of four weeks from today, status quo existing as on today qua the land/house of the petitioner in question shall be maintained in order to enable the petitioner to avail appropriate remedy, as aforesaid.

4.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U