Baneshwar Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18120 of 2022 ====================================================== 1.

Baneshwar Prasad Verma Son of Late Subalal Prasad Verma, Resident of Village- Hanumant Nagar, Ward No. 16, P.O. and P.S. and District- Araria. 2.

Shavitri Verma Wife of Baneshwar Prasad Verma, Resident of VillageHanumant Nagar, Ward No. 16, P.O. and P.S. and District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Department of Revenue, Govt. of Bihar, Patna.

2.

The District Magistrate, Araria.

3.

The Additional Collector, Araria.

4.

The District Sub- Registrar, Araria.

5.

The Anchal Adhikari, Araria.

6.

Bhudan Yagya Committee, having its Office at Jay Prakash Nagar Araria, through its Secretary Aditya Kumar Choudhary. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Swati Mishra, Advocate For the State :

Md. Khurshid Alam ( Aag 12 ) For Respondent No. 6 :

Ms. Alka Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and the State.

2. This writ application has been filed for quashing the order contained in Memo No. 377 dated 19.11.2022 (Annexure-9) issued by the respondent No. 3, for directing respondent Nos. 1, 2 and 3 to remove entry as Bhudan against Plot No. 315 under Khata No. 201 of Mauza Hridyapur Thana No. 199 and further to direct respondent No. 4 to register the document sought to the executed by the petitioner with respect to land measuring 5 Kathas out of the aforesaid plot No. 315.

3. After some argument, learned counsel for the petitioners requests for disposal of the writ petition granting

Patna High Court CWJC No.18120 of 2022(4) dt.11-12-2023 2/2 liberty to the petitioners to file fresh representation before the Additional Collector, Araria (Respondent No. 3) in light of paragraph No. 7 of the counter affidavit filed by respondent No. 6 {Annexure- A & A(1)} which reads as:

"7. Further, it is humbly submitted that vide letter no. 13k/22-84 dated 15.10.2022, the Karyalay Mantri, District Bhudan Yagya Committee, Jayprakash Nagar, Araria made a communication to Additional Collectorate, Araria stating that as per the enquiry report of the Circle Officer and HalkaKaramchari, it becomes evident that of the total 45 Acres of raqwa, only 15 Acres belongs to Bhudan, whereas the remaining land is free from Bhudan."

4. Considering the submission made on behalf of the petitioners, this writ petition is disposed of with an observation that in the event such representation is filed by the petitioners within six weeks from today, Respondent No. 3 is directed to dispose of the same after hearing the parties in accordance with law, preferably, within a period of six months from the date of filing of such representation.

5. With the above observation, the writ application stands disposed of.

(Prabhat Kumar Singh, J) Navya/- U