Disposed

Jagdish Yaday and Ors. v. The State Of Bihar and Ors.

Patna HC13 May 2024CWJC/10169/2016

Case brief

AI extract

What is this about?

Writ petitioners sought release of their landholdings under a Madhubani land ceiling case and restraint on dispossession. With counsel limiting relief to consideration by the Collector, the court disposed of the batch petitions directing the Collector to decide afresh after hearing parties within six months, without expressing opinion on merits.

What did the court decide?

Petitioners permitted to file fresh representations before the Collector, Madhubani, who shall hear all parties and decide within six months; no opinion on merits.

Jagdish Yaday and Ors. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10169 of 2016

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1.	====================================================== Jagdish Yaday
2.	Rajendra Yadav
3.	Rameshwar Yadav
4.	Hariballabh Yadav All sons of Late Maharaj Yadav, R/o- Vill- Bhargama, Tola- Jharwa, P.S.- Bheja, District- Madhubani.
	... ... Petitioner/s Versus
1.	The State Of Bihar
2.	The Collector, Madhubani.
3.	The Addl. Collector, Madhubani.
4.	The D.C.L.R. Jhanjharpur, Distt- Madhubani.
5.	The Circle Officer, Madhepur, Distt- Madhubani.
	... ... Respondent/s
	====================================================== with Civil Writ Jurisdiction Case No. 10293 of 2016 ======================================================
	Ramdeo Mandal S/o - Babu Lal Mandal R/o vill- Devka Bhargama, Tole- Jharwa, P.S.- Bheja, District-Madhubani ... ... Petitioner/s Versus
1.	The State Of Bihar
2.	The Collector, Madhubani
3.	The Addk. Collector, Madhubani
4.	The D.C.L.R., Jhanjharpur, Distt.-Madhubani
5.	The Circle Officer, Madhepur, Distt-Madhubani ... ... Respondent/s ======================================================
	with Civil Writ Jurisdiction Case No. 10400 of 2016 ======================================================
	Yugeshwar Mandal @ Yugeshwar Pal @ Yugo Mandal Son of Nebi mandal R/o Vill- Bhargama, Tole- Jharwa, P.S.- Bheja, District- Madhubani
	... ... Petitioner/s Versus
1.	The State Of Bihar
2.	The Collector, Madhubani.

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Patna High Court CWJC No.10169 of 2016(2) dt.13-05-2024 2/4

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The Addl. Collector, Madhubani. 4. The D.C.L.R. Jhanjharpur, Distt.- Madhubani 5. The Circle officer, Madhepur, Distt- Madhubani

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... ... Respondent/s

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====================================================== with

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Civil Writ Jurisdiction Case No. 10529 of 2016

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======================================================

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1. Jagdish Yadav 2. Rajendra Yadav 3. Rameshwar Yadav 4. Hariballabh Yadav All Sons of Late Maharaj Yadav r/o vill. - Bhargama, Tole - Jharwa, P.S. Bheja, District - Madhubani ... ... Petitioner/s

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Versus

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1. The State Of Bihar 2. The Collector, Madhubani 3. The Addl. Collector, Madhubani 4. The D.C.L.R., Jhanjharpur, Distt. - Madhubani 5. The Circle Officer, Madhepura, Distt. - Madhubani

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... ... Respondent/s

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====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 10169 of 2016) For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Respondent/s : Mr. Ajay, GA-5 (In Civil Writ Jurisdiction Case No. 10293 of 2016) For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Respondent/s : Mr. Ajay, GA-5 (In Civil Writ Jurisdiction Case No. 10400 of 2016) For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Respondent/s : Mr. Ajay, GA-5 (In Civil Writ Jurisdiction Case No. 10529 of 2016) For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Respondent/s : Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 13-05-2024 Heard Mr. Suraj Narain Yadav, learned counsel for the

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petitioners and the State counsels.

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For brevity, the prayer of CWJC No. 10169 of 2016

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Patna High Court CWJC No.10169 of 2016(2) dt.13-05-2024 3/4

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is being incorporated hereinbelow:-

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“That this is an application for

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issuance of a writ in the nature of Mandamus and/or any other appropriate writ, order or direction commanding upon the respondents no. 2 and 3 to release the lands of the petitioner which are under acquisition in Land Ceiling Case No. 4/7374 adjusting the same in the lands allowed to be retained by the land holder and further to restrain the respondents to dispossess the petitioners and to distribute the lands of the petitioners to the parcha holder concerned.”

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Learned counsel for the petitioners submit that they shall be content if the Collector, Madhubani (respondent No. 2 takes cognizance of the matter and pass an appropriate order.

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Learned State counsels submit that in view of the limited prayer made by the petitioners, the same can be referred to the respondent No. 2.

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Considering the aforesaid submissions put forward by the parties as also the limited prayer, the batch cases of writ petition are disposed of with an observation that if the

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Patna High Court CWJC No.10169 of 2016(2) dt.13-05-2024 4/4

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petitioners separately prefer petition alongwith all the relevant documents before the respondent No. 2 (the Collector, Madhubani), he shall take the matter to its logical conclusion after hearing all the relevant parties preferably within a period of six months.

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It is made clear that this Court has expressed no opinion on the merit of the case.

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(Rajiv Roy, J)

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Adnan/-

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Jagdish Yaday and Ors. v. The State Of Bihar and Ors.

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Jagdish Yaday and Ors. v. The State Of Bihar and Ors.

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