Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1737 of 2023 ====================================================== Dhananjay Singh Son of Ramlal Singh, Resident of Village - Mathwalia, Police Station - Mufassil Chapra, District - Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran at Chapra. 4.

The Deputy Collector, Land Reforms, Sadar Chapra at Chapra. 5.

The Circle Officer, Sadar Chapra, Saran at Chapra. 6.

The Officer-in-Charge-Chapra, Mufassil, P.S. Chapra. 7.

Sri Mithlesh Singh Son of Late Kishore Singh, Resident of Village - Methwalia, Police Station - Mufassil, Chapra, District - Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondents to restrain the private respondent no.7 who is forcibly trying to dispossess the petitioner and making house on his Homestead land which is granted under the provision of Bihar Privileged Persons Homestead Tenancy Act in the year 1998 bearing Khata No.121, Khesra No.677, admeasuring 0.2 Decimal.

3. Learned counsel for the petitioner submits that petitioner is the Basgit Parcha holder of the land which was issued to his father on 07.09.1998. He further submits that petitioner has been repeatedly disturbed at the hands of private

Patna High Court CWJC No.1737 of 2023(2) dt.05-07-2023 2/2 respondent no.7 who want to dispossess the him and, therefore, he filed representation that a direction be given to the respondent-Collector, Saran at Chapra to save him.

4. Learned counsel for the State submits that petitioner may be directed to raise his grievance before appropriate forum.

5. Upon going through the pleadings and the documents, it is necessary to state the correct position of law that the Bihar Land Dispute Resolution Act, 2013 is especially designed to protect the right of parcha holder in which the original authority is the Deputy Collector Land Reforms Officer who has to look into this matter under Section 4 of the Bihar Land Disputes Resolution Act, 2013.

6. In the background of the aforesaid legal position, the petitioner is directed to file representation before Deputy Collector Land Reforms Officer, Saran who shall entertain the petitioner and pass appropriate order within six weeks.

7. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U