Disposed

Lakshman Ram v. The State of Bihar

Patna HC9 May 2024CWJC/1474/2024

Case brief

AI extract

What is this about?

Petitioner sought enforcement of a DCLR Raxaul demarcation order upheld on appeal. The court directed the Circle Officer, Ramgarhwa to execute the order within three months if no stay existed, and sent a copy of the order to the Collector, Muzaffarpur.

What did the court decide?

Direction to Circle Officer, Ramgarhwa to comply with DCLR order dated 28.02.2023 within three months if no stay; copy of order sent to Collector, Muzaffarpur.

Lakshman Ram Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1474 of 2024

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

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Lakshman Ram S/o Ram Kunwar Ram, Champapur Tola Karbola, P.S. and Circle - Ramgarhwa, P.O. - Champapur, District-East Champaran. Bihar - 845433.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

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The Commissioner, Tirhut Division, Muzaffarpur, Bihar.

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The District Magistrate, East Champaran, Motihari. Bihar.

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The Deputy Collector Land Reforms, Raxaul, East Champaran Bihar.

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The Circle Officer, Ramgarhwa Circle, District - East Champaran Bihar.

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Dashrath Mahra, S/o Adalat Ram, R/o Champapur Tola Karbola, P.S. and Circle - Ramgarhwa, District - East Champaran. Bihar.

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Akalu Ram, s/o Late Dasai Ram, R/o Champapur Tola Karbola, P.S. and Circle - Ramgarhwa, District - East Champaran Bihar.

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Chaukat Ram, S/o Late Dasai Ram, R/o Champapur Tola Karbola, P.S. and Circle - Ramgarhwa, District East Champaran, Bihar

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Ms. Sagrika, Advocate For the Respondent/s : Mr. Subodh Kumar Mishra, SC to GP-14 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 09-05-2024 Heard Ms. Sagrika, learned counsel for the petitioner

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and Mr. Subodh Kumar Mishra, learned SC to GP-14.

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The petitioner has prayed for the following reliefs:

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(i) for issuance of a writ in the nature of Mandamus or any other

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appropriate writ/s, order/s, directing the Circle Officer, Ramgarhwa Circle, East

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Patna High Court CWJC No.1474 of 2024(2) dt.09-05-2024

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2/4

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Champaran to execute order dated 28.02.2023 passed by Deputy Collector Land Reforms, Raxaul, East Champaran (Respondent No.4) in Case No. 133/2022-23 wherein the DCLR, Raxaul had directed the Circle Officer, Ramgarhwa Circle, District- East Champaran to demarcate the land according to Khata, Kheara and Chauhadi as per the receipt of Respondent (Petitioner) and further that if the Respondent (Petitioner) are evicted then to ensure that they get the possession of the land in dispute;

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(ii) any other writ/writs, order/orders or direction/directions as the facts and circumstances of the case may require and deemed fit by this Hon'ble Court may also be issued;

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(iii) to any other relief's which the

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Patna High Court CWJC No.1474 of 2024(2) dt.09-05-2024 3/4

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petitioner is found entitled to.

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The petitioner has approached this Court with a

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simple prayer for a direction upon the Circle Officer, Ramgarhwa to comply the order passed by the D.C.L.R., Raxaul in Case No. 133/2022-23 (Dasrath Mahra & Ors vs. Ramkunwar Mahra & Ors.) dated 28.2.2023.

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Learned counsel appearing for the petitioner submits that this was challenged by the respondent nos. 6 to 8 before the Court of Commissioner, Tirhut Division, Muzaffarpur in B.L.D.R. Appeal Case No. 102 of 2023 which too came to be dismissed on 20.9.2023 but still the Circle Officer, Ramgarhwa is looking the other way.

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Learned State Counsel submits that in case, the respondent nos. 6 to 8 have not challenged the said order before any competent authority/Court and if there is no injunction/stay of the order of the Commissioner or the D.C.L.R, the Circle Officer, Ramgarhwa is duty bound to comply the order.

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This Court has repeatedly observed that for disposal of representation/getting the land mutated/for compliance of an order of an authority, the citizen has to approach the High Court causing great physical, mental as also financial loss, it is high time that the Collector, Muzaffarpur take cognizance of the

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Patna High Court CWJC No.1474 of 2024(2) dt.09-05-2024 4/4

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matter that the Officers under his/her jurisdiction is sitting tight over the orders despite the fact that it was passed on 20.9.2023.

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In that background, the writ petition stands disposed of with a direction to the Circle Officer, Ramgarhwa, East Champaran (respondent no.5) to take immediate cognizance in the matter and take the matter to its logical conclusion, if still not taken and/or there is no stay on the order of the Divisional Commissioner dated 20.9.2023 in B.L.D.R. Appeal Case No. 102 of 2023, to its logical conclusion within a period of three months.

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Let a copy of the order be sent to the Collector, Muzaffarpur for his perusal and needful.

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(Rajiv Roy, J)

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Ravi/-

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Lakshman Ram v. The State of Bihar

Case brief

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Lakshman Ram v. The State of Bihar

Case brief

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