Shanichar Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19884 of 2025 ====================================================== 1.

Shanichar Ravi Das, Son of Buchai Ravi Das, Resident of Village-Pakariya, P.S.-Falka, District-Katihar.

2.

Kunti Devi, Daughter of Kirwat Paswan, W/o Dafali Paswan, Resident of Village-Pakariya, P.S.-Falka, District-Katihar. 3.

Anil Ravi Das, Son of Basudeo Ravi Das @ Vasdev Avidas, Resident of Village-Pakariya, P.S.-Falka, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Chief Secretary Govt. of Bihar, Patna. 2.

Principal Secretary Department of Revenue, Govt. of Bihar, Patna. 3.

Collector, Katihar.

4.

Additional Collector Land Reform, Katihar.

5.

Deputy Collector Land Reforms, Katihar.

6.

Sub-Divisional Officer, Katihar.

7.

Sub-Divisional Lok Sikayat Niwaran Padadhikari, Katihar. 8.

Circle Officer Falka, District-Katihar.

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

For the Petitioner/s :

Mr. Ebrahim Kabir, Adv.

Ms. Shruti Sinha, Adv.

For the Respondent/s :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-12-2025 The instant writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs :- "1. That this is an application for issuance of an appropriate writ order or direction to the respondents to grant possession to the petitioner over the land which has been settled to them vide Lal Card Land settlement no.-14/2004-05 in MauzaGovindpur, Thana No-44, Khata No-24, Khesra No.- 1232, 1235, 1237 total Rakwa- 0.79 1⁄2 Decimal,

Patna High Court CWJC No.19884 of 2025(2) dt.09-12-2025 2/3 Mauza- Govindpur, Thana No-44, Khata No-25, Khesra-1569 Total Rakwa-0.50 Decimal and MauzaGovindpur, PS-44 Khata-25, Kheshra-1016 total Rakwa-79.25 Decimal respectively and also grant mutation of their said land and issue rent receipt not yet done all these years which is illegal or for any other order or order which this Hon'ble Court may deem fit and proper under the circumstances of this case."

2. Mr. Ebrahim Kabir, learned counsel for the petitioners and Mr. Ramadhar Singh, learned GP-25 for the State-respondents, are present and they are heard.

3. It is submitted by petitioners' counsel that the petitioner Nos. 1, 2, and late father of the petitioner No. 3 were granted land through Lal Card Land Settlement No. 14 of 200405 in Village-Govindpur, P.S.-Falka, Thana No. 44, Dist.- Katihar, considering them as landless poor persons coming from the Scheduled Caste category and since the year 2004-05, the allotment year, the petitioners have been running pillar to post to get possession of their allotted lands but despite the lapse of more than 20 years, they are unable to take possession over their allotted lands and the petitioners have filed representations/ applications before the Collector, Khagaria (respondent No. 3), and the Additional Collector Land Reform, Katihar, (respondent No. 4), but the Government authorities did not take any step to

Patna High Court CWJC No.19884 of 2025(2) dt.09-12-2025 3/3 ensure their possession over their allotted lands.

4. Having heard both the sides. This Court is of the view that the issue raised by the petitioners in this writ petition is premature for consideration under writ jurisdiction of this Court, however, the Collector, Khagaria (respondent No. 3), and the Additional Collector Land Reform, Katihar, (respondent No. 4), before whom the petitioners' representations are still pending, are directed to dispose of the same, as per the provisions of law, within six weeks from the date of receipt of a copy of this Court's order or production of the same.

5. The petitioners will have a liberty to file an application before the competent authority, defined under section 4 of the Bihar Land Disputes Resolution Act, 2009, for redressing their grievance. If the petitioners avail this remedy then the said competent authority shall decide their case at the earliest preferably within eight weeks from the date of its filing, as per the provisions of law and according to merit. Accordingly, the instant writ petition stands disposed of. (Shailendra Singh, J) annu/- U