Disposed

Raju Paswan v. The State of Bihar

Patna HC11 Mar 2024CWJC/1834/2023

Case brief

AI extract

What is this about?

This order dismisses a writ petition seeking writs for restoration of land titles. The court criticizes the delayed service of the counter-affidavit, orders compensation for counsel, and directs the Circle Officer to consider separate petitions via the Collector within six months before disposing the case.

What did the court decide?

Rs. 1,000 awarded to petitioner's advocate; case disposed with direction to Circle Officer to report on separate Collector petitions within six months.

Raju Paswan 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.1834 of 2023

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

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Raju Paswan S/o Late Hira Lal Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Girdhari Paswan, S/o Late Dalgir Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Arun Kumar Paswan, S/o Lalu Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Gorelal Ram, S/o Late Ayodhya Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Vanarsi Ram, S/o Late Keshwar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Dhirendra Ram @ Dhrundra Ram S/o Ramchandra Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Birbal Ram, S/o Late Vishwanath Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Gaurishankar Ram, S/o Late Bhuneshwar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Akshay Kumar Paswan, S/o Late Ramayan Pawan, Resident of VillageLohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Baban Ram, S/o Late Vishwanath Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Lalu Paswan, S/o Late Ram Raj Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Vijay Shankar Ram, S/o Late Bhuneshwar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Ashok Kumar Paswan, S/o Late Ngar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Shanti Devi, W/o Manji Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Lal Bahadur Ram, S/o Late Balkeshwar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Suresh Ram, S/o Late Ram Raj Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Raj Kumari Devi, W/o Late Arjun Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Purnmashi Ram, S/o Late Keshwar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Dinesh Ram, S/o Raj Deo Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Akhilesh Kumar Ram, S/o Ram Sihansar Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Patna High Court CWJC No.1834 of 2023(7) dt.11-03-2024 2/4

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Atavaro Kunwar @ Atavaro Devi, W/o Late Virbadur Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Umesh Ram, S/o Raj Deo Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Vrijbihari Paswan, S/o Late Ramayan Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Manoj Kumar, S/o Late Daljir Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Devkumari Kunwar @ Divkumari Devi, W/o Late Ayodhaya Ram, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Kalawati Kumari, W/o Arvind Kumar Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Kunti Devi, W/o Khilu Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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Sita Muni Kunwar @ Sita Muni Devi, W/o Late Awdesh Paswan, Resident of Village- Lohai, P.S. Again Bazar, District - Bhojpur (Ara).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary Govt. of Bihar Patna.

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The Secretary, Revenue and Land Reforms, Govt. of Bihar.

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The District Magistrate, Bhojpur, Ara.

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The Sub-Divisional Officer, Piro Bhojpur, Ara.

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The Circle Officer, Piro, Bhojpur, Ara.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Chandra Bhushan Singh, Advocate For the Respondent/s : Mr. Rishi Raj Sinha ( SC- 19 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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7 11-03-2024 Heard learned counsel for the petitioners and the

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State.

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The present petition has been preferred for the following reliefs:

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“(i) for issuance of an appropriate writ/ order or direction to the respondents

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Patna High Court CWJC No.1834 of 2023(7) dt.11-03-2024 3/4

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and specifically respondent no. 3 to immediate restrain form any action of encroachment in Khata No. 230, Kheshara Plot No. 444, 1184, area 4357 decimal in Mauza- Lohai, Block Piro, District- Bhojpur on which the family member of the petitioner are residing more than 100 years.

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(ii) for issuance of an appropriate writ/order or direction to the respondents to restrain not only encroachment process but made the documents of settlement of the ‘Aahar' land on the name of these petitioners.

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(iii) for issuance of an appropriate writ/ order or direction to the respondent if more difficulties have come on the way of settlement of these petitioner on the same khata or plots then can be changed in vacant plot nearby of about 4 acres of land which is situated in north in same Khata No- 230 with built up house from 'Indira Awas Yojna' because petitioner are landless.”

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It is ironical that a counter affidavit filed on

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05.02.204 but the copy is being served upon the learned counsel for the petitioners today in the Court after lapse of more than one month. As such, for the said lapse, the learned counsel for the petitioners is entitled to Rs. 1,000/- to be paid by the office of learned SC-19 within a week and the compliance report has

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Patna High Court CWJC No.1834 of 2023(7) dt.11-03-2024 4/4

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to be submitted in the office.

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Learned counsel for the petitioners, after some argument submits that the petitioners shall be preferring their separate petition(s) before the Collector, Bhojpur for the redressal of their separate grievances.

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If the said petition(s) is/are preferred by any of the petitioners, the same shall be taken up separately, report be called from the Circle Officer, Piro who shall forward the separate reports to the Collector, Bhojpur whereafter an order on their petition shall be passed.

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The exercise be completed within a period of six months from the receipt of the separate representation.

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The writ petition stands disposed of with the aforesaid observation.

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List this case under the heading ‘to be mentioned’ after two weeks to check whether the payment has been made to the learned counsel for the petitioners or not.

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(Rajiv Roy, J)

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kiran/-

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Raju Paswan v. The State of Bihar

Case brief

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Raju Paswan v. The State of Bihar

Case brief

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