Dismissed

Bimlesh Singh v. The State Of Bihar and Ors.

Patna HC13 Sept 2013CWJC/12815/2012

Case brief

AI extract

What is this about?

This was a civil writ petition where the petitioner sought a direction against dispossession from his dwelling house and properties. The court held that respondents cannot dispossess the petitioner without proper legal proceedings following due procedure and disposed of the application accordingly.

What did the court decide?

Direction to respondents not to disturb the petitioner from the land and house in question except after taking recourse to proper legal procedures.

Bimlesh Singh Vs The State Of Bihar and Ors. — Patna HC (2013) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12815 of 2012

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====================================================== Bimlesh Singh Son of - Late Munsi Singh Resident of Village - Gabhirar, P.S. - Raghunathpur, District - Siwan

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.... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Govt. of Bihar, Patna 2. The Collector, Siwan 3. The Sub-Divisional Officer, Siwan 4. The Block Development Officer, Raghunathpur, District - Siwan 5. The Circle Officer, Raghunathpur, District - Siwan 6. The Circle Inspector, Raghunathpur, District - Siwan 7. The Halka Karmachari, Raghunathpur, District - Siwan 8. The Officer in-charge, Raghunathpur, District - Siwan

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Suresh Pd.Singh No.1 with Vitesh Kr. Singh, Advocates For the Respondent/s : Mr. Sudhir Kumar, AC to AAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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5 13-09-2013 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner has approached this Court for a direction upon the respondents not to dispossess him from the dwelling house and the properties situated over Khata No.776, Khesra No. 1560, Tauji No. 6066 having an area 19 Kathas 18 dhurs.

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It is the stand of the petitioner that the said land was settled in favour of the grandfather of the petitioner by the exlandlords and the Jamabandi was also recorded in the name of the

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Patna High Court CWJC No.12815 of 2012 (5) dt.13-09-2013

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grandfather of the petitioner. It is submitted that rent receipts were also issued and some of the rent receipts have been brought on the record. It is further contended that the Land Possession Certificate was issued on 7.12.2009 by the Circle Officer in favour of Vijayendra Kumar Singh. It is alleged by the petitioner that due to enmity the local M.L.A. has been influencing the local revenue officials and they are trying to declare the said house as Kisan Bhawan constructed at the cost of the State, whereas it is the petitioner and his joint family members who have been residing over the house in question and are in possession of the land since at the time of the grandfather of the petitioner.

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From a perusal of the pleadings of the writ petition and the counter affidavit it does not appear that any proceeding has been taken in the matter dispossessing the petitioner although during the pendency of the writ application it appears that Jamabandi of the petitioner has been cancelled by the Additional Collector in exercise of power under Section 9 of the Bihar Land Mutation Act, 2011.

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Be that as it may, it appears that there has been some basis for the possession of the petitioner over the land in question and the very cancellation of Jamabandi proceedings go to show that the Jamabandi was recorded in the name of the grandfather

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Patna High Court CWJC No.12815 of 2012 (5) dt.13-09-2013

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of the petitioner.

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In the above circumstances, it is not open to the respondents to dispossess the petitioner by branding the house of the petitioner as Kisan Bhawan except in accordance with the proper procedure giving proper opportunity to the petitioner in the matter.

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In the aforesaid circumstances, the writ application is disposed of with a direction to the respondents not to disturb the petitioner from the land and house in question except after taking recourse to proper legal proceedings.

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So far as the cancellation of Jamabandi is concerned, the same is not under challenge in the present writ application and it would be open to the petitioner to challenge the same in proper proceedings before the appropriate authority.

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(Ramesh Kumar Datta, J)

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spal/-

Bimlesh Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Bimlesh Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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