High CourtsSingle Bench(2020) 02 PAT CK 0076

Kanchan Lal Hadi @ Kanchan Harizan And Ors vs State Of Bihar And Ors

Patna High Court · Decided on 20 February 2020

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 2261 Of 2020

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Judgment

19 paragraphs · 354 words
1.

Heard learned counsel for the petitioners and learned AC to AAG 12 for the State.

2.

The petitioners have moved the Court for the following reliefs:

“(i) For issuance of writ of Mandamus for direction to the respondent authorities to restore the possession of the petitioners over the land settled

with them on 11.1.1988 in settlement case No.2/87-88 in the district of Purnea U/s 27 of the Bihar Land Reforms (Fixation of Ceiling Area and

Acquisition of Surplus Land Act, 1961 (hereafter referred as Ceiling Act). The settled land was declared surplus in the land ceiling case no.1189/72-

74 started against one Hajji Sajidul Haque and acquired U/s 15(1) OF THE Ceiling Act vide notification No.2460 dated 20.03.86.

(ii) Further for direction to the authorities concerned to give them protection till their restoration of cultivating right over the land.

(iii) And for other relief/reliefs, order/orders, direction/directions for which petitioners are entitled under the law and facts and circumstances of the

case.â€​

3.

After some arguments, learned counsel for the petitioners submitted that they have filed representation before the Deputy Collector, Land Reforms,

Baisi in the district of Purnea, as well the Sub Divisional Officer, Baisi, Purnea, and the Anchal Adhikari, Baisi, Purnea, which are still pending. It was

submitted that the same be directed to be disposed off.

4.

Learned counsel for the State submitted that the Sub Divisional Officer, Baisi, Purnea, may be directed to dispose off such representation.

5.

In view thereof, the writ petition stands disposed off with direction to the Sub Divisional Officer, Baisi, Purnea, to dispose off the representation

filed by the petitioners, in accordance with law, after giving opportunity of hearing to all concerned, latest within a period of three months from the

date of production of a copy of this order before him.

6.

For the sake of convenience, let the Sub Divisional Officer, Baisi, Purnea, be impleaded as respondent no. 6. Necessary correction be made in the

cause title by learned counsel for the petitioners in course of the day. Learned counsel for the State accepts notice on behalf of newly added

respondent no. 6.