Amarendra Paswan And Ors vs State Of Bihar And Ors

Heard learned counsel for the petitioners and learned counsel for the Bihar Bhoodan Yagna Committee (hereinafter referred to as the 'Bhoodan Committee'). A counter affidavit has also been filed on its behalf.

The petitioners have moved the Court for the following reliefs:

"For issuance of writ/writs, order/orders, direction/directions in the nature of mandamous commanding the respondents to immediately stop the parcha which has been given to the scheduled caste and scheduled tribes, while the petitioners came to know that their lands over which they have been peacefully cultivating possession over the lands measuring 41 acres 38 decimals lands have been given to one hundred twenty two different persons and issuring certificates in which the petitioners have prepared the list of the lands allotted to dame with the different persons which is as follows.

II. For further direction upon the respondents particularly the respondent no. 4 and 6 so that to not issuing certificate in the name of different persons because the petitioners are the valid landowners purchased the land by virtue of registered sale deed from Jai Prakash Shah and Reghubir Shah by virtue of registered sale deed and accordingly the lands were mutated in the name of these petitioners in which the petitioners have come to know that their lands covered which they have been peacefully cultivating possession over the said land but the respondent no. 4 and 6 wants to issue certificate of their lands in the name of the different persons and the respondent no. 6 Circle Officer, Kumarkhand have prepared the list of the lands so that to allot to the different persons which the matter has earlier come to the Hon'ble High Court, Patna by the Khatiyani land holders namely Raghubir Shah by way of C.W.J.C. No. 4602/1986 in which the Hon'ble Mr. Justice S. J. Mukhopadhyaya, was pleased to pass an order dated 22.08.1997 in which he set aside the impugned order dated 9th September, 1958 passed in Case No. 4803/57-58 and declared the consequential parchas issued earlier by the Circle Officer in the name of the different persons under the same khata and khesra number belonging to the Khatiyani land holders namely Raghubir Shah in which the certificate of parcha had been issued by the Circle Officer has been set aside and lateron the petitioners have purchased the land by virtue of sale deed from Raghubir Shah and Jai Prakash Shah.

III. For further direction to the respondent no. 6 so that to not issue the certificate parcha in the name of different persons, the details of the land which is as follows.

IV For further any other relief/reliefs order/orders, direction/directions may deem fit and proper in the facts and circumstances of this case."

Basically, the grievance of the petitioners is that taking the garb of parcha issued by the Bhoodan Committee, the authorities are trying to dispossess the petitioners from the land which has been purchased by them.

In the counter affidavit filed on behalf of Bhoodan Committee, it has been stated that though initially the lands having been given under Bhoodan were also confirmed and parchas were issued, but in CWJC No. 4602 of 1986, by order dated 22.08.1997, the said action was set aside. It has also been stated that after that the Bhoodan Committee has not issued any parcha with regard to the said land.

Having regard to the aforesaid, when the confirmation and issuance of purchas has stood cancelled by the Court in CWJC No. 4602 of 1986, no order is required to be passed in the present case, based only on apprehension, as there is no cause of action.

In view thereof, the writ petition stands disposed off.

However, if the petitioners feel aggrieved by any specific action on the part of the authorities, it shall always be open to them to move before the appropriate forum, in accordance with law, for redressal of such grievance.