Dismissed

Parma Nand Yadav v. The State Of Bihar and Ors.

Patna HC22 Mar 2023CWJC/3137/2018

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition seeking land allotment for a retired soldier. The Court held that an inordinate delay of nearly 20 years precluded it from exercising its discretion under Article 226 to grant relief, quashing the petition despite initial recommendations by authorities.

What did the court decide?

Application dismissed; petitioner advised to pursue the case before respondent authorities.

Parma Nand Yadav Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3137 of 2018

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Parma Nand Yadav Son of Murlidhar Yadav, Resident of Village- Alipur, P.O.Nawada Bazar, P.S.- Rajaun, District- Banka, At present J.C.N.Y.A. 14919284 W Rank-NB/SUB, MECHINE (1 Madras) A Coy C/ 56APO.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Chief Secretary Government of Bihar, Patna.

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The Commissioner, Bhagalpur Division, Bhagalpur, Bihar.

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The District Collector, Banka, Bihar.

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The Deputy Collector, Land Reforms, Banka, Bihar.

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The Circle Officer, Block Rajaun, District- Banka.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Shiva Shankar Prasad Singh, Advocate Mr. Pushpendra Priyedarshi, Advocate For the Respondent/s : Md. Khurshid Alam- AAG 12

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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5 22-03-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The petitioner has filed the instant application for the following relief(s):

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“(i) For issuance of an appropriate writ, order or direction to the respondents for allotment of land of the petitioner who is serving Soldier No.14919284W.N.K in Indian Army accordance with notification issued by the Government of India vide letter no.25923/CLL/AD/ESSBI/196/S/D/H dated 15.01.1964 which is addressed to all State Government and Administration.

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And/or

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Pass such other order or orders, direction

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Patna High Court CWJC No.3137 of 2018(5) dt.22-03-2023 2/2

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or directions as your Lordships may deem fit and proper.”

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The case of the petitioner in brief is that having served

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as a soldier in the Indian Army, he filed an application in the year 2001 for allotment of land. Inspite of the same being recommended by the respondent authorities, the land was not allotted inspite of the petitioner pursuing the same and running from pillar to post.

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Having heard learned counsel for the parties and taking into consideration that from the contents of the writ application itself, it would transpire that the so called application of the petitioner was filed as far back as in the year 2001 and he has chosen to approach this Court after a delay of almost 20 years.

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In the facts of the case, the Court is not inclined to exercise it’s discretion under Article 226 of the Constitution of India in view of the inordinate and unexplained delay of almost 20 years in preferring this writ application.

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The application is dismissed.

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The petitioner will be at liberty to pursue his case before the respondent authorities.

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(Partha Sarthy, J)

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Saurabh/- U

Parma Nand Yadav v. The State Of Bihar and Ors.

Case brief

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Parma Nand Yadav v. The State Of Bihar and Ors.

Case brief

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