Ramshreshtha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.503 of 2023 ====================================================== Ramshreshtha Singh S/o Late Jungi Singh, Resident of Ward No. 23, Near Subhas Chowk, Sri Krishna Nagar, Deepshikha Road, P.S.- Begusarai, District- Begusarai, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Chief Secretary, Govt. of Bihar, Patna.

2.

The Collector, Begusarai.

3.

The Addl. Collector, Begusarai.

4.

The S.D.M., Manjhaul, Begusarai.

5.

The D.C.L.R., Manjhaul, Begusarai.

6.

The Circle Officer, Cheriya Bariarpur, District- Begusarai. 7.

The Circle Officer, Chhaurahi, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Prasad Singh For the Respondent/s :

Mr. Birendra Prasad Singh, (Ac to Sc-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed with a limited prayer directing the respondent no. 3 (Additional Collector, Begusarai) to conclude the proceedings of Misc. Case No. 68 of 2017 which is pending since, 03.02.2017 for hearing and also to pass final order in the light of order dated 03.09.2015 passed by the Collector, Begusarai in Revenue Appeal Case No. 01 of 1999 within a fixed time frame.

Patna High Court CWJC No.503 of 2023 dt.21-06-2023 2/3

3. Learned counsel for the petitioner submits that due to pendency of the case before the Additional Collector, Begusarai, the purpose of Section 4(h) of the Bihar Land Reforms Act, 1950 has continuously been frustrated in which petitioner's 25 bighas & 16 kathas of land are at stake.

4. Learned counsel for the State submits that writ petition of the petitioner should be dismissed as there is no order of any authority, particularly, statutory remedy has not been exhausted completely as, Article 226 of the Constitution of India is entertainable only after exhausting of the statutory remedy and, therefore, this writ petition may be dismissed.

5. After hearing the parties, this Court is of the view that unnecessary pending of any proceedings for such a long period since, 2017 itself is sufficient for a citizen of this country to raise this issue before the Court to avoid the delay in the judicial system.

6. In this view of the matter, this Court is hereby directed to the Additional Collector, Begusarai to pass order to conclude the proceedings of Misc. Case No. 68 of 2017 within six months, which is pending since, 03.02.2017 before him for hearing, counting from the date of production of this order passed in this case. It is made clear that this Court has not

Patna High Court CWJC No.503 of 2023 dt.21-06-2023 3/3 touched any question on merit. It shall be liberty of the Additional Collector, Begusarai to consider the case and decide it completely in accordance with law.

7. With this observation, the present writ petition is hereby disposed off.

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