In a writ petition seeking to set aside a Bihar Land Tribunal order rejecting the petitioner's land settlement claim, the High Court dismissed the petition, finding no legal or procedural error in the Tribunal's decision to uphold an earlier 1977 settlement.
The writ petition is dismissed without 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.7639 of 2014
====================================================== Deo Narayan Mandal @ Dewan Mandal son of late Muneshwar Mandal, resident of village and P.O. Bhargha, P.S. Falka, District - Katihar .... .... Petitioner/s Versus 1. The State of Bihar 2. The Collector cum - District Magistrate, Katihar 3. The Addl. Collector ( Ceiling ) Katihar 4. The Sub - Divisional Officer, Katihar 5. The Circle Officer, Falka, District Katihar 6. Sunil Mandal son of late Kapildeo Mandal 7. Anil Mandal son of late Kapildeo Mandal 8. Manna Mandal son of late Kapildeo Mandal All respondent no. 6 to 8 are resident of village and P.O. Bhangha, P.S. Falka, District - Katihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Respondent Nos.1 to 5 : Mr. Nagendra Prasad Yadav, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 02-09-2016 Heard the parties. The petitioner is aggrieved by the order dated 18th December, 2013 passed in B.L.T. Case No. 484 of 2013 by the learned Bihar Land Tribunal, Patna, whereby settlement of the lands in question made subsequently in the year 1992 in favour of the petitioner by the Circle Officer, Falka has been set aside and the claims of settlement raised on behalf of the private respondent nos. 6 to 8 herein having been made earlier in 1977 have been accepted.
Though, the learned counsel appearing on behalf of the petitioner has argued the matter at some length, but he has not been able to point out any legal infirmity and procedural error committed by the learned Bihar Land Tribunal, Patna, while passing the impugned order dated 18th December, 2013. From the
Patna High Court CWJC No.7639 of 2014 (2) dt.02-09-2016
2/2
findings of the learned Tribunal, it appears that the land in question was earlier settled in favour of the father of the private respondent nos. 6 to 8 in the year 1977, but it was again re-settled in favour of the petitioner by the Circle Officer, Falka in the year 1992, without cancelling the previous settlement made in the year 1977, in exercise of his powers under Section 27 of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which has been set at naught by the learned Tribunal.
In above view of the matter, this Court is not inclined to interfere with the impugned order dated 18th December, 2013 passed in B.L.T. Case No. 484 of 2013 by the learned Bihar Land Tribunal, Patna.
The writ petition is devoid of merit and is, accordingly, dismissed, but without costs.
(Birendra Prasad Verma, J)
BTiwary/-
U
2 issues framed by the court
Whether the High Court should interfere with the Bihar Land Tribunal's order setting aside a 1992 land settlement made in favour of the petitioner without cancelling the prior 1977 settlement.
Whether the learned counsel for the petitioner could point out any legal infirmity or procedural error committed by the Bihar Land Tribunal.
1 provisions across 1 enactments
Deo Narayan Mandal
The State of Bihar
The Collector cum - District Magistrate, Katihar
The Addl. Collector ( Ceiling ) Katihar
The Sub - Divisional Officer, Katihar
The Circle Officer, Falka, District Katihar
BIRENDRA PRASAD VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
