Kaimur Kishan Vikash Sammittee Through Its Organising Secretary Shyam Narayan Tiwary v. The State Of Bihar and Ors.

Patna HC13 Sept 2024CWJC/1483/2019

Case brief

AI extract

What is this about?

Patna High Court CWJC No.1483 of 2019; PIL; Kaimur Kishan Vikash Sammittee; State of Bihar; Special Survey and Settlement; consolidation proceedings; Consolidation Act section 8; Additional Chief Secretary affidavit 02.07.2024; 856 revenue villages; 24-month undertaking; disposed 13-09-2024; K. Vinod Chandran CJ; Nani Tagia J; NAFR.

What did the court decide?

Writ petition disposed of with the Court recording the State's undertaking that survey proceedings would be completed within twenty-four months and that consolidation proceedings would commence in the revenue villages where survey is completed and be concluded within time. ¶37-38

Kaimur Kishan Vikash Sammittee Through Its Organising Secretary Shyam Narayan Tiwary Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶37-38

Issue for consideration

Whether survey would be carried out in the entire State of Bihar and consolidation proceedings concluded.

¶20-22

Court's answer

The Court recorded the State's undertaking that the survey proceedings would now be completed in the next twenty four months.

¶34

Ratio / Principle

It was stated that the consolidation proceeding would be commenced in the revenue villages in which survey is completed, so as to conclude the same within a period of time.

¶34-36

Key takeaways

The undertaking made by the State having been recorded, the writ petition was disposed of.ratio¶37-38

Detailed headnote1 paragraphs

Public Interest Litigation (CWJC No.1483 of 2019, decided 13-09-2024) by Kaimur Kishan Vikash Sammittee seeking survey across the entire State of Bihar and conclusion of consolidation proceedings was disposed of by the Patna High Court (Oral Judgment per K. Vinod Chandran, CJ; Coram: the Chief Justice and Nani Tagia, J) after recording an affidavit dated 02.07.2024 of the Additional Chief Secretary, Revenue and Land Reforms Department. The affidavit reported appointments to the posts of Special Survey Assistant Settlement Officer, Special Survey Kanoongo, Special Survey Amin and Special Survey Clerk with appointment letters to issue from 03.07.2024 and joining between 04.07.2024 and 10.07.2024; first-phase survey (commenced September 2020) completed in 856 revenue villages; and suspension of the second-phase survey (commenced September 2021) for want of work force/resources. The Court recorded the State's undertaking that survey proceedings would be completed in the next twenty-four months and that consolidation (including under section 8 of the Consolidation Act, as a pilot project) would commence in surveyed revenue villages and be concluded within time; the writ petition was accordingly disposed of.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1483 of 2019

¶2

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

¶3

Kaimur Kishan Vikash Sammittee through its Organising Secretary Shyam Narayan Tiwary S/o Ram Naresh Tiwary Resident of Village-Abhaideh, P.S.Ramgarh, Anchal-Ramgarh, Distt.-Kaimur at Bhabua

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna

¶7

The Chief Secretary Govt. of Bihar, Old Secretariat, Patna

¶8

¶9

The Land Reforms Commissioner Bihar, Old Secretariat, Patna

¶10

The Secretary Department of Revenue, Govt. of Bihar, Old Secretariat, Patna

¶11

The Deputy Secretary Department of Revenue, Govt. of Bihar, Old Secretariat, Patna

¶12

The Director of Consolidation Bihar, Budh Marg, Land Development Bank, 4th Floor, Patna

¶13

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

¶14

... ... Respondent/s

¶15

====================================================== Appearance : For the Petitioner/s : Mr. Kamala Kant Tiwary, Advocate Mr. Anish Kumar, Amicus Curiae For the Respondent/s : Mr. Arun Kumar Bhagat, AC to AAG-12

¶16

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

¶17

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

¶18

Date : 13-09-2024

¶19

The petitioner was before this Court in the Public

¶20

Interest Litigation to ensure that survey is done in the entire

¶21

Patna High Court CWJC No.1483 of 2019 dt.13-09-2024 2/4

¶22

State of Bihar and consolidation proceedings concluded.

¶23

An affidavit has been filed on 02.07.2024 by the

¶24

Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar from which we extract paragraph nos. 9 to 11:-

¶25

“9. That it is relevant to mention here in that for conducting the smooth function of Special Survey and Settlement, 2011, Appointments have been made to the post of Special Survey Assistant Settlement Officer (SSASO)-353, Special Survey Kanoongo (SSK)-758, Special Survey Amin (SSA1-8035 and Special Survey Clerk (SSC1-742 (Total 98881 and appointment letters will be issued from 03.07.2024 and thereafter they are going to join in concerned district from 04.07.2024 to 10.07.2024.

¶26

After submitting their joining in the concerned district after that the training program shall be conducted in the district for 2 weeks. After that in all districts of the State of Bihar, the Survey Process is commenced.

¶27

After commencement of the process of Survey has been targeted to be completed in next 24 months.

¶28

10. That it is important to mentioned herein that the first phase survey process was initiated from September 2020 in which final survey have been done in 856 Revenue villages. The consolidation process will be

¶29

Patna High Court CWJC No.1483 of 2019 dt.13-09-2024 3/4

¶30

started in aforesaid revenue villages from available manpower and other resources in the Consolidation Directorate. The Details of works done in Special Survey Process is shown in the chart.

¶31

11. That further, the second phase of the Special Survey was started from September 2021 but due to lack of work force / other resources, the survey has been suspended till today.

¶32

After training of newly appointed employees in Survey and Settlement Offices, the Survey will be started in full swing.

¶33

After completing the survey process in the Revenue Villages, the Consolidation Directorate shall proceed with the land records prepared in Survey Proceeding and shall start the consolidation process under section 8 of the Consolidation Act and shall try as Pilot project from available manpower and to complete the process as soon as possible. The details of the phase Survey shown in the given chart.”

¶34

We record the undertaking that the survey proceedings would now be completed in the next twenty four months. It is also stated that the consolidation proceeding would be commenced in the revenue villages, in which survey is completed, so as to conclude the same also within a period of

¶35

Patna High Court CWJC No.1483 of 2019 dt.13-09-2024 4/4

¶36

time.

¶37