Dismissed

Manjhlu Hansada and Ors. v. The State Of Bihar and Ors.

Patna HC11 Dec 2015CWJC/19262/2013

Case brief

AI extract

What is this about?

Civil Writ Jurisdiction petition challenging an order that directed the District Collector to ensure possession of settled land by a third party. The petitioners sought alternative land settlement. The court held that the petitioners have no legal rights over the impugned land and dismissed the writ.

What did the court decide?

Writ petition dismissed; petitioners granted liberty to approach competent authority for settlement of other available lands of the State Government.

Manjhlu Hansada and Ors. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19262 of 2013

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1.
2.
3.
4.
5.

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Manjhlu Hansada Son of Late Chhote Lal Hansda, Resident of Village - Khunia Bhitta, P.S. Thakurganj, District - Kishanganj

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Sanhita Kisku Wife Of Late Sanghlu Hansda, Resident of Village - Khunia Bhitta, P.S. Thakurganj, District - Kishanganj

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Babu Ram Hansda ( Minor ) Son of Late Sanghlu Hansda, through Natural Guardian ( Mother ) Sanhita Kisku, Resident of Village - Khunia Bhitta, P.S. Thakurganj, District - Kishanganj

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Mai Hansda ( Minor ) Daughter of Late Sanghlu Hansda, through Natural Guardian ( Mother ) Sanhita Kisku, Resident of Village - Khunia Bhitta, P.S. Thakurganj, District - Kishanganj

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Sangeeta Hansda ( Minor ) Daughter of Late Sanghlu Hansda, through Natural Guardian ( Mother ) Sanhita Kisku, Resident of Village - Khunia Bhitta, P.S. Thakurganj, District - Kishanganj

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.... .... Petitioner/s

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Versus

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The State of Bihar

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The District Magistrate Cum Collector, Kishanganj

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The Deputy Collector, Kishanganj

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The Sub Divisional Officer, Kishanganj

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The Deputy Collector, Land Reforms, Kishanganj

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The Circle Officer, Anchal - Thakurganj, District - Kishanganj

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The Circile Officer, Anchal - Thakurganj, District - Kishanganj

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Rambalak Paswan Son of Doman Paswan, Resident of Village -

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Gidhingola ( Partharia ), P.S. Thakurganj, District - Kishanganj

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Firoz Ahmad

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For the Respondent No.1 to 7 : Mr. Mithilesh Kr. Upadhyay, AC to G.P. IV

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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3 11-12-2015 Heard the parties.

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The petitioners are aggrieved by the order dated 20.04.2012 passed in Case No. 25 of 2009 by the respondent District Collector-cum-Magistrate, Kishanganj, as contained in Annexure-2, whereby a direction has been issued to ensure possession of the settlee- Rambalak Paswan (respondent no. 8) over the lands, which have been settled in his favour, details of which have been mentioned in the impugned order itself and a further direction has been issued for giving proposal for settlement

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Patna High Court CWJC No.19262 of 2013 (3) dt.11-12-2015

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2/2

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of other available lands in favour of the petitioners. Admittedly, the petitioners have no legal right over the lands in question and settlement has already been made in favour of the private respondent no.8.

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That being the undisputed factual position, this Court does not find any good ground to interfere with the impugned order dated 20.04.2012 passed in Case No. 25 of 2009 by the respondent District Collector-cum-Magistrate, Kishanganj, as contained in Annexure-2.

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The writ petition is devoid of merit and is, accordingly, dismissed. However, the petitioners shall be at liberty to approach the competent authority for settlement of other available lands of the State Government, if not already settled.

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(Birendra Prasad Verma, J)

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BTiwary/-

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Manjhlu Hansada and Ors. v. The State Of Bihar and Ors.

Case brief

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Manjhlu Hansada and Ors. v. The State Of Bihar and Ors.

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