The Patna High Court dismissed a frivolous writ petition challenging the 2002 house parchas granted for government land used as a road, holding that the assignees had constructed houses since then and cancellation cannot be sought at this late stage.
Writ petition dismissed. Interlocutory application disposed of. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.169 of 2015
=========================================================== Nageshwar Choupal, Son of Late Jeetan Choupal, Resident of Village - Rampur Raut, P.S- Kusheshwar Asthan, Distt- Darbhanga. .... .... Petitioner Versus 1. The State of Bihar through Secretary, Revenue and Land Reform Deptt. Govt. of Bihar, Patna. 2. The Commissioner, Division Darbhanga. 3. The District Magistrater-Darbhanga. 4. The Sub Divisional Officer at Biroul, Darbhanga. 5. The Dy. Collector, Land Reform at Biroul, Darbhanga. 6. The Circle Officer, Anchal-Kusheshwar Asthan East District - Darbhanga. 7. The Halka Karamchari, Gram Panchayat Kueseshwar Asthan Noth, Anchal - Kueseshwar Asthan East, Darbhanga. 8. Sri Janak Sharma, Son of Late Tetar Sharma 9. Smt. Badamia Devi Wife of Pawittar Khatwai 10. Smt. Bhola Devi Wife of Kabutar Khatwai 11. Sri Gopal Khatwai 12. Sri Kokan Khatwai 13. Sri Ramdev Khatwai 14. Sri Ram Parwesh Khatwai Respondent No-11 to 14 Son of Late Guneshwar Khatwai 15. Sri Yogendra Sharma Son of Mahabir Sharma 16. Md. Hakim 17. Md. Rafique Both Sons of Late Jainab Khata, Wife of Late Abdul 18. Sri Dilip Paswan 19. Sri Manoj Paswan 20. Sri Bishundev Paswan 21. Sri Uddo Paswan 22. Sri Bijli Paswan Respondent 18 to 22 Son of Late Jholia Devi and Late Satta Paswan All Resident of Village - Rampur Raut, P.S- Kusheshwar Asthan, Distt.Darbhanga. .... .... Respondents =========================================================== Appearance : For the Petitioner/s : Mr. Pancham Lal Jaiswal, Advocate For the Respondent/s : Mr. SHIVENDRA KISHORE, A.A.G.-7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-02-2015
This is totally a frivolous petition filed by a person, who claims to be one interested for protection of Government land.
Patna High Court CWJC No.169 of 2015 dt.02-02-2015
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The petitioner is a resident of village-Rampur Raut, P.S. Kusheshwar Asthan, District-Darbhanga. According to him, respondents 8 to 22 were granted house Parcha over the Government land which was being utilized as road. He states that on account of indiscriminate assignments, the public are put to hardship. It is stated that the land could have been put to use for facilities, such as toilets for general public.
Heard Sri Pancham Lal Jaiswal, learned counsel for the petitioner and Sri Shivendra Kishore, learned A.A.G.-7 for the respondents.
On the face of it, the writ petition cannot be entertained. The reason is that the house parchas were granted way back in the year 2002. Ever since, the assignees have developed the land and constructed the houses. The petitioner cannot have the luxury of seeking cancellation of those parchas, that too at this stage.
Accordingly, this writ petition is dismissed.
Interlocutory application, if any, shall stand disposed of.
There shall be no order as to costs.
(L. Narasimha Reddy, CJ)
(Vikash Jain, J)
Sunil/-
U
2 issues framed by the court
Whether a writ petition challenging house parchas granted in 2002 over government land can be entertained at a later date.
Whether indiscriminate assignment of government land for residential purposes causes public hardship warranting cancellation.
Nageshwar Choupal
The State of Bihar through Secretary, Revenue and Land Reform Deptt.
The Commissioner, Division Darbhanga
The District Magistrater-Darbhanga
The Sub Divisional Officer at Biroul
The Dy. Collector, Land Reform
Chief Justice
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
