Disposed

Shiorati Devi and Ors. v. the State of Bihar and Ors.

Patna HC3 Oct 2012CWJC/2694/2003

Case brief

AI extract

What is this about?

The Court observed that petitioners failed to demonstrate statutory rights for land settlement and that the Collector has not yet decided the Additional Collector's recommendation. It directed all parties to appear before the Collector within four weeks for a final, binding decision within three months.

What did the court decide?

Directed all parties to appear before the Collector within four weeks for a final decision on land settlement within three months.

Shiorati Devi and Ors. Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.2694 of 2003

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====================================================== 1. Shiorati Devi w/o Vakil Singh 2. Kiran Devi w/o Bihari Sharan Singh

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Minta Devi w/o Shio Chandra Singh

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Jyoti Devi w/o Degree Singh All residents of village Kori, P.O. Kori, Police Station Sandesh, Dist. Bhojpur ( Arrah)

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.... .... Petitioner/s Versus 1. The State Of Bihar

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The Collector, District Bhojpur ( Arrah)

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The Additional Collector, District –Bhojpur ( Arrah)

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The Deputy Collector Land reforms ( D.C.L.R.), District Bhojpur, Arrah

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The Sub- Divisional officer ( S.D.O.) District Bhojpur, Arrah

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The Anchal Adhikari, Anchal Sandesh, Dist. Bhojpur, Arrah

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Dawarika Nath Singh @ Dadan Singh son of late Sitaram Singh , resident of village Kori, P.O., Kori Police Station Sandesh, Dist. Bhojpur (Arrah).

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajiva Ranjan, Advocate For the Respondent/s : Mr. (Gp2)

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Mr. Rajendra Kumar Giri Mr. Priyank Deepak, Advocates.

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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10 03-10-2012 Heard learned counsel for the petitioners, private respondent and the intervenor respondents.

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Petitioners were earlier settled small tract(s) of land appertaining to new khata no. 10161, khesra no. 3841, situate in Mouza Kori in the District of Bhojpur. Such settlement was made under policy decision of the Government. Petitioners were found eligible persons and accordingly settlement was made in case no.

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Patna High Court CWJC No.2694 of 2003 (10) dt.03-10-2012

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3 of 1999-2000 ( Annexure-1) leading to issuance of purcha(s) (Annexure-2 series). Based on that their names were mutated. Aggrieved thereby the respondent no.7 filed an appeal before the Additional Collector vide Misc. case no. 02 of 2000-2001. The case of the respondent no.7 is that the land was recorded as Gairmajaruwa Malik Anawad Bihar Sarkar in possession of Dular Ahir S/o Ram Prakash Ahir. Respondent no.7 is the grand son of aforesaid Dular Ahir and is continuously in possession thereof. Respondent no.7 also claimed himself to be the landless person and eligible for such settlement of the subject land. RespondentAdditional Collector, on hearing the parties and after perusal of the materials on record, found that the writ petitioners were not the residents of the village in question. They appeared to possess some land in the name of their husbands. Respondent no.7 was held to be a landless person whose ancestor was recorded as ‘Dakhalkar’ in respect of the subject land which stood recorded in the name of the State of Bihar. Having found so the Additional Collector recommended the matter before the respondentCollector for cancellation of purcha issued in favour of the writ petitioners and also for settlement of the subject land in favour of the respondent no.7.

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It is admitted position that the said proposal of the

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Patna High Court CWJC No.2694 of 2003 (10) dt.03-10-2012

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respondent- Additional Collector as contained in Annexure-4 has not till date been approved/disapproved by the respondent Collector. The case of the intervenor respondent is that the subject land is the ancestral land of the intervenor respondent. He has already filed a Suit being Title Suit no. 36 of 2006 impleading the State of Bihar, writ petitioners as well as the respondent no.7 as party defendants to the said Suit. The writ petitioners and respondent no.7 have admitted that they have already appeared in the said Suit pending before the learned Munsif-II, Arrah at the instance of the intervenor respondents.

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On a consideration of the rival submissions and on perusal of the materials on record it appears that the petitioners have not been able to demonstrate any statutory right to get the land settled with them. Such settlement was made in their favour under a policy of the Government to settle unused Government land with landless person. That apart, the issue has not till date been finally disposed of as the respondent -Collector has not taken any decision on the recommendation/proposal of the respondent Additional Collector made under order dated 29.11.2002 ( Annexure-4).

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This Court, in the light of the aforesaid facts, disposes of this application by the following order:-

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Patna High Court CWJC No.2694 of 2003 (10) dt.03-10-2012

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Let the petitioners, respondent no.7 as well as the intervenor respondent appear before the respondent- Collector within 04 weeks along with a copy of the present order whereafter the said respondent, while taking a final decision on the recommendation of the Additional Collector as contained in Annexure-4 shall provide an opportunity of hearing to the parties and pass appropriate order in accordance with law as quickly as possible preferably within 03 months from the date of appearance of the parties.

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(Kishore Kumar Mandal, J)

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Shyam/-

Shiorati Devi and Ors. v. the State of Bihar and Ors.

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Shiorati Devi and Ors. v. the State of Bihar and Ors.

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