Dismissed

Md. Moiuddin @ Md. Moti v. The State Of Bihar and Ors.

Patna HC12 May 2023CWJC/4661/2018

Case brief

AI extract

What is this about?

The Patna High Court disposed of the petitioner's writ application seeking cancellation of a land settlement parcha. The Court held that an efficacious alternative remedy exists under the Bihar Privileged Persons Homestead Tenancy Act, 1947.

What did the court decide?

Application disposed of with liberty to pursue remedies under the Bihar Privileged Persons Homestead Tenancy Act, 1947.

Md. Moiuddin @ Md. Moti Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4661 of 2018

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Md. Moiuddin @ Md. Moti, Son of Late Shekh Injo, resident of VillageKarhara, P.S.- Mahisi, District- Saharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate-cum- Collector, Saharsa.

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The Sub-Divisional Officer-cum-Sub-Divisional Magistrate, Sadar, Saharsa.

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The Deputy Collector Land Reforms, Sadar, Saharsa.

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The Circle Officer, Mahisi Block/Anchal, District- Saharsa.

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The Circle Inspector, Mahisi Circle, District- Saharsa.

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The Revenue Clerk/Halka Karmachari, Mahisi Block/Circle, DistrictSaharsa.

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Sukrati Sada, Son of Late Thakko Sada, Resident of Village P.O.- Ajan, P.S.Mahisi, District- Saharsa.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate Ms. Kalpna Kusum, Advocate Mr. Rishit Deo Kumar Singh, Advocate For the Respondent/s : Mr. S.C. Yadav, GP-15 Mr. Dhurjati K Prasad, GP-14 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 12-05-2023

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Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The petitioner has filed the instant application for

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the following relief(s):-

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“That the present writ application is being directed for issuance of writ in the nature of mandamus or any appropriate writ/writs commanding the respondents concerned to take immediate and effective steps for cancelling the land settlement parcha issued in favour of respondent no. 7 and others in respect of the land measuring about

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Patna High Court CWJC No.4661 of 2018(3) dt.12-05-2023 2/4

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2 bighas so purchased by the petitioner and his family members through registered sale deeds no. 8609 and 8610 duly and legally executed in the year, 1993 in their favour by the vendor of the said land, as such the said land belonging to the petitioner is in the nature of raiyati/Khatiyani land existing in their names, though the respondent Circle Officer did not follow and implement the guidelines issued by the respondent District Magistrate contained in letter no. 64 dated 05.01.1996 to the concerned Officer and issued settlement parchas in favour of the respondent no. 7 and others clubbing the said land in Gairmazarua land.”

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As per the case of the petitioner, the land in question is 1.64 decimal of land bearing Khata no. 697 (old)/ Khata no. 908 (new), Khesra no. 1018 (old)/ Khesra no. 1666 (new) in Mauza Ghonghepur, Thana no.120 in Circle- Mahisi in the District of Saharsa.

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Learned counsel for the petitioner submits that he received notice in a proceeding under section 144 of the Cr.P.C being Case no.2/2016 from the Court of the Sub-Divisional Officer, Sadar Saharsa. The said proceeding was disposed of by order dated 3.3.2016 narrating the case of the parties and observing therein that the dispute between the parties could not be decided in a proceeding under section 144 of the Cr.P.C.

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Learned counsel for the petitioner submits that

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Patna High Court CWJC No.4661 of 2018(3) dt.12-05-2023 3/4

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from perusal of the order dated 3.3.2016, passed in the proceeding under section 144 of the Cr.P.C, it would transpire that with respect to the land in question, it is the first party therein who is respondent no.7 herein, who in support of her case contended that the land in question was settled in her favour in Parcha Case no. 4/1995-96. She further produced the Jamabandi receipt besides other documents. It is submitted that although no positive orders in favour of respondent no.7 was passed in the said proceeding, however, in view of the petitioner having come to know about the Parcha having wrongly been issued in favour of respondent no.7 in Parcha Case no. 4/199596, thus the instant application by the petitioner for the relief prayed for as quoted herein above.

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In the opinion of the Court, the petitioner has an alternate and efficacious remedy under the Bihar Privileged Persons Homestead Tenancy Act, 1947 of filing an application for cancellation of Parcha.

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7. This application stands disposed of giving liberty to the petitioner to pursue the remedy available to the petitioner under the said Act, before the authority concerned.

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If such an application is preferred, the authority concerned shall proceed in accordance with law under the Act,

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Patna High Court CWJC No.4661 of 2018(3) dt.12-05-2023 4/4

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issue notice and after hearing all the affected parties concerned shall dispose of the same at the earliest preferably within a

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period of six months from the date of its filing.

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It is clarified that the Court has not gone into the

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merits of the case of the parties.

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This application stands disposed of with the above observations and directions.

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(Partha Sarthy, J)

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avinash/-

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Md. Moiuddin @ Md. Moti v. The State Of Bihar and Ors.

Case brief

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Md. Moiuddin @ Md. Moti v. The State Of Bihar and Ors.

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