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Lilawati Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Lilawati Devi Vs The State of BiharLilawati Devi v. The State of Bihar

Disposed¶26

Lilawati Devi v. The State of Bihar

Patna HC9 May 2024CWJC/1519/2024

Case brief

AI extract

What is this about?

Lilawati Devi v. State of Bihar, Patna High Court, CWJC No.1519 of 2024, order dated 09-05-2024, Rajiv Roy, J. Writ petition against ex parte order dated 30.01.2023 of Deputy Collector Land Reforms, Jagdishpur in Case No. 48 of 2022-23 under Bihar Land Dispute Resolution Act 2009, directing Circle Officer, Bihiya to remove possession over Khata No. 605, Khesra No. 273, Area 5.31 (3½ decimal); State objection re locus (order against husband Lallu Rajak) and bypass of Bihar Land Tribunal, Patna; petitioner to approach BLT; writ petition disposed of. Keywords: Bihar Land Dispute Resolution Act 2009; Bihar Land Tribunal; ex parte order; natural justice; Bhojpur; Bihiya; land dispute; dispossession; alternative remedy.

What did the court decide?

In view of learned counsel for the petitioner's submission that an appropriate petition by appropriate persons will be filed before the BLT, Patna, the writ petition stands disposed of; the Court did not adjudicate the merits of the challenge to the Deputy Collector's order.

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Case No. 48 of 2022-23 under the Bihar Land Dispute Resolution Act 2009 should be quashed. +2 more

Ratio / Principle

In view of learned counsel for the petitioner's submission that an appropriate petition by appropriate persons will be filed before the BLT, Patna, the writ petition stands disposed of; the Court did not adjudicate the merits of the challenge to the Deputy Collector's order.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J) disposed of Civil Writ Jurisdiction Case No.1519 of 2024 (Lilawati Devi v. State of Bihar) by oral order dated 09-05-2024. The petition sought quashing of an ex parte order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur in Case No. 48 of 2022-23 (filed by Respondent No. 5 under the Bihar Land Dispute Resolution Act 2009), directing the Circle Officer, Bihiya to remove possession over Khata No. 605, Khesra No. 273, Area 5.31 (3½ decimal), and sought protection of the petitioner's life and property. Counsel for the State objected that the order was against the petitioner's husband, Lallu Rajak, and that the petitioner had bypassed the Bihar Land Tribunal, Patna. Counsel for the petitioner undertook to file an appropriate petition before the BLT, Patna, whereupon the writ petition was disposed of without adjudication on the merits.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1519 of 2024

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

Lilawati Devi Wife of Lallu Rajak, resident of Village-Raja Bazar, Dhobi Tola, Bihiya, Police Station-Bihiya, District-Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar through the District Magistrate, Bhojpur, Ara.

The District Magistrate, Bhojpur, Ara.

The Deputy Collector Land Reforms, Jagdishpur, Bhojpur.

The Circle Officer, Bihiya, Bhojpur.

Raj Muni Devi, wife of Lallan Rajak @ Lallan Dhobi, resident of VillageWard No. 06, Dhobi Mohalla, Bihiya, Police Station-Bihiya, DistrictBhojpur.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate For the Respondent/s : Mr.Addl. Advocate General 7 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 09-05-2024 Heard the parties.

2. The present writ petition has been preferred for the

following reliefs:

(i) to quash the order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Case No. 48 of 2022-23 filed by the Respondent No. 5 under Bihar Land Dispute Resolution Act 2009, whereby and where under the said application was allowed by the deputy Collector, Land Reforms, Jagdishpur, Bhojpur and directed to Circle Officer, Bihiya to remove the illegal possession bearing Khata No. 605, Khesra No. 273 Area 5.31 (3½ decimal) from

Patna High Court CWJC No.1519 of 2024(2) dt.09-05-2024 2/2

the petitioner. The said order was passed without giving opportunity of the petitioner. The same is exparte order. Deputy Collector, Land Reforms, Jagdishpur is creating unnecessary problems to the petitioner without notice and valid ground;

(ii) to direct the respondent to protect the life and property of the petitioner.

3. Learned counsel for the State straightway objected that the order has been passed against the husband of the petitioner, Lallu Rajak where the lady/wife is pursuing the writ petition. Further, without availing the opportunity by filing a proper petition before the Bihar Land Tribunal, Patna directly approached the High Court.

4. Learned counsel for the petitioner submits that appropriate petition by an appropriate persons will be filed before the BLT, Patna.

5. The writ petition stands disposed of.

(Rajiv Roy, J)

Jagdish/-

U

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Case No. 48 of 2022-23 under the Bihar Land Dispute Resolution Act 2009 should be quashed.¶20
2.
Whether the respondents should be directed to protect the life and property of the petitioner.¶23
3.
Whether the petitioner, whose impugned order was passed against her husband and who directly approached the High Court without filing a proper petition before the Bihar Land Tribunal, Patna, ought to pursue the remedy before the Tribunal.medium confidence¶24
The court held
In view of learned counsel for the petitioner's submission that an appropriate petition by appropriate persons will be filed before the BLT, Patna, the writ petition stands disposed of; the Court did not adjudicate the merits of the challenge to the Deputy Collector's order.ratio¶26

Statutes considered

1 provisions across 1 enactments

AI extract

Bihar Land Dispute Resolution Act 2009Bihar Land Dispute Resolution Act 2009¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Case No. 48 of 2022-23, filed by Respondent No. 5 under the Bihar Land Dispute Resolution Act 2009, allowing her application and directing the Circle Officer, Bihiya to remove the alleged illegal possession over Khata No. 605, Khesra No. 273, Area 5.31 (3½ decimal); described in the petition as an ex parte order passed without notice or opportunity to the petitioner.¶20
Deputy Collector, Land Reforms, Jagdishpur, Bhojpur · 30.01.2023
Prior proceeding
Respondent No. 5's application in Case No. 48 of 2022-23 under the Bihar Land Dispute Resolution Act 2009 was allowed by the Deputy Collector, Land Reforms, Jagdishpur, who directed the Circle Officer, Bihiya to remove the alleged illegal possession bearing Khata No. 605, Khesra No. 273, Area 5.31 (3½ decimal).¶20
Prior proceeding
The petitioner describes the impugned order as ex parte, passed without giving her an opportunity or notice.¶22
Prior proceeding
Learned counsel for the State objected that the impugned order had been passed against the petitioner's husband, Lallu Rajak, while the wife pursued the writ petition, and that the petitioner directly approached the High Court without availing the remedy of a proper petition before the Bihar Land Tribunal, Patna.¶24
Prior proceeding
Learned counsel for the petitioner submitted that an appropriate petition by appropriate persons will be filed before the Bihar Land Tribunal (BLT), Patna.¶25

Parties & counsel

AI extract

petitioner
Lilawati Devi (Wife of Lallu Rajak)¶3
Ashok Kumar Singh
respondent
The State of Bihar through the District Magistrate, Bhojpur, Ara¶6
Addl. Advocate General
respondent
The District Magistrate, Bhojpur, Ara¶7
respondent
The Deputy Collector Land Reforms, Jagdishpur, Bhojpur¶8
respondent
The Circle Officer, Bihiya, Bhojpur¶9
respondent
Raj Muni Devi (wife of Lallan Rajak @ Lallan Dhobi)¶10

Coram

AI extract

Rajiv Royauthor¶15

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 9 May 2024 · May
Registered: 25 Jan 2024
Case no.: CWJC/1519/2024
CNR: BRHC010017092024
Bench: Rajiv Roy
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Lilawati Devi v. The State of Bihar, CWJC/1519/2024 (PAT), decided on 9 May 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bihar Land Dispute Resolution Act 2009Bihar Land Dispute Resolution Act 2009

View all statutes

Procedural history5

Order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Case No. 48 of 2022-23, filed by Respondent No. 5 under the Bihar Land Dispute Resolution Act 2009, allowing her application and directing the Circle Officer, Bihiya to remove the alleged illegal possession over Khata No. 605, Khesra No. 273, Area 5.31 (3½ decimal); described in the petition as an ex parte order passed without notice or opportunity to the petitioner.Deputy Collector, Land Reforms, Jagdishpur, Bhojpur · 30.01.2023
Respondent No. 5's application in Case No. 48 of 2022-23 under the Bihar Land Dispute Resolution Act 2009 was allowed by the Deputy Collector, Land Reforms, Jagdishpur, who directed the Circle Officer, Bihiya to remove the alleged illegal possession bearing Khata No. 605, Khesra No. 273, Area 5.31 (3½ decimal).
The petitioner describes the impugned order as ex parte, passed without giving her an opportunity or notice.

View full history

Bench / Coram

Rajiv Roy

Parties & counsel