Ranjan Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.579 of 2025 ====================================================== Ranjan Kumar Choudhary son of Deb Narayan Choudhary, Resident of Village- Choura Parwaha, P.O.- Majhua, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Purnea.

3.

The District Magistrate, Araria.

4.

The Deputy Collector, Land Reforms, Forbesganj, Araria. 5.

The Sub Divisional Officer, Forbesganj, Araria. 6.

The Circle Officer, Forbesganj, Araria.

7.

The Superintendent of Police, Araria.

8.

The Station House Officer, Forbesganj Police Station, Araria. 9.

Md. Azim, son of Md. Yusuf, Resident of Village- Choura Parwaha, P.O.- Majhua, P.S.- Forbesganj, District- Araria.

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

For the Petitioner/s :

Mr.Veena Kumari Jaiswal, Adv.

For the Respondent/s :

Mr.Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the Circle Officer (Respondent No.6) and the District Magistrate (Respondent No.3) to remove the private respondent No.9 from the land of the petitioner which has been forcibly encroached by respondent No.9, situated at Mauza-Parwaha, Plot No.2431, Thana No.128 under Khata No.300, admeasuring an area 0.77 1⁄2 acre.

3. Counsel for the petitioner submits that all orders are in his favour i.e., the order of Bihar Land Tribunal (B.L.T.) and

Patna High Court CWJC No.579 of 2025(2) dt.24-01-2025 2/2 the order of Hon'ble High Court. He further submits that B.L.T. order is annexed as Annexure-P/3 and the order of the Hon'ble Court is annexed vide Annexure-P/5 i.e., order dated 06.12.2019 passed in C.W.J.C. No.24323 of 2019. He further submits that inspite of that order could not be complied and possession has not been provided.

4. Counsel for the State submits that order has been complied which is apparent from Annexure-P/6 page 39 of the writ petition on which signature of villagers, signature of applicant, signature of Officials including Circle Officer and others are there.

5. In the light of the submissions made, this Court is of the view that remedy does not lie to the petitioner before the Hon'ble High Court. Therefore, the writ petition is disposed off, granting liberty to the petitioner to avail legal remedy before the Bihar Land Disputes Resolution Act, 2009 (BLDR)/ D.C.L.R. as directed by B.L.T.

6. With the aforesaid direction, the present writ application stands disposed off.

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