Disposed¶24

Ashok Kumar v. The State Of Bihar and Ors.

Patna HC5 Sept 2024CWJC/19459/2018

Case brief

AI extract

What is this about?

Gairmajarua land settlement Bihar; CWJC/Civil Writ Jurisdiction Case No.19459 of 2018 (decided 05-09-2024, Patna High Court, Harish Kumar, J.); direction/mandamus to DCLR Daudnagar to dispose of Settlement Case No. 14/2009-10 within four months; Circle Officer Obra recommendation order 03.02.2009; applicant Army soldier via 56 APO; 20 years' possession claimed; Khata 267, Tauji 3562, Plot 2029, 13 kathas, Thana 334, village Woob, P.S. Obra, Aurangabad; writ petition disposed of, no costs/quantum involved.

What did the court decide?

Direction issued to the DCLR, Daudnagar to dispose of Settlement Case No. 14/2009-10 after giving opportunity of hearing to all stakeholders, preferably within four months from receipt/production of a copy of the order; writ petition disposed of accordingly. ¶24

Ashok Kumar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct the respondents/the DCLR, Daudnagar to bring to conclusion the pending settlement proceedings (Settlement Case No. 14/2009-10) for settlement of gairmajarua land (Khata No. 267, Tauji No. 3562, Plot No. 2029) sought by the petitioner.

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Court's answer

Considering the parties' submissions and the State counsel's fair stand, the writ petition is disposed of with a direction to the DCLR, Daudnagar to dispose of Settlement Case No. 14/2009-10 after giving opportunity of hearing to all the stakeholders.

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Ratio / Principle

The disposal of Settlement Case No. 14/2009-10 is to be effected preferably within a period of four months from the date of receipt/production of a copy of the order.

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Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.), by oral judgment dated 05-09-2024, disposed of Civil Writ Jurisdiction Case No.19459 of 2018 filed by Ashok Kumar, a soldier in the Army claiming peaceful possession for the last 20 years of gairmajarua land of Khata No. 267, Tauji No. 3562, Plot No. 2029 (13 kathas, Thana No. 334, village Woob, P.S. Obra, District Aurangabad). His application through 56 APO to the Collector, Aurangabad had led the Circle Officer, Obra to recommend (order dated 03.02.2009) that the land is gairmajarua and settlement could be made, resulting in Settlement Case No. 14/2009-10; despite DCLR-directed rectifications (orders dated 17.11.2017 and 19.02.2018), no final order had been passed. With the State conceding the case must reach its logical conclusion, the Court directed the DCLR, Daudnagar to dispose of the Settlement Case after hearing all stakeholders, preferably within four months of receipt/production of the order's copy.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19459 of 2018

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

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Ashok Kumar Son of Subhash Chandra Sharma resident of Village Woob P.O. Bhure, P.S. Daudnagar Distt.- Aurangabad.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Collector, Aurangabad

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The District Magistrate, Aurangabad.

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The Sub-Divisional Officer, Daudnagar, Distt.- Aurangabad.

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The D.C.L.R., Daudnagar, Distt. Aurangabad.

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The Circle Officer, Obra, Distt.- Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. Mr.Kamteshwar Prasad, Adv. For the State : Mr. Arif Daula Siddiqui, AC to SC 25 Mr.Sajid Salim Khan- SC25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 05-09-2024

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Heard Mr. Ajay Kumar Singh, learned Advocate for the petitioner and Mr. Arif Daula Siddiqui, learned Advocate for the State.

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The petitioner by invoking the jurisdiction of this Court seeks a direction upon the respondents for settlement of gairmajarua land of Khata No. 267, Tauji No. 3562, Plot No. 2029, an area of 13 kathas pertaining to Thana No. 334 of village Woob, P.O.-Bharta, P.S.-Obra, District Aurangabad.

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Learned Advocate for the petitioner contended that the petitioner, who happens to be soldier in the Army, had made an

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Patna High Court CWJC No.19459 of 2018 dt.05-09-2024 2/3

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application through 56 APO to the Collector, Aurangabad for settlement of gairmajarua land, particulars of which have been mentioned in paragraph-4 of the writ petition, over which the petitioner has been coming in peaceful possession of the land for the last 20 years. The application of the petitioner was processed and finally vide order dated 03.02.2009, the Circle Officer, Obra recommended and informed to the petitioner that the land is gairmajarua, so the settlement can be made to the petitioner. The aforesaid proceeding led to initiation of Case No. 14/2009-10. Referring to the entire order-sheet of the Case No. 14-2009-10, learned Advocate for the petitioner further contended that the matter was finally placed before the DCLR, Daudnagar, who made certain queries and directed for certain rectification, whereupon the same has been done by the Circle Officer, as is evident from the order dated 17.11.2017. After making rectification, the entire record had further been sent to the DCLR, Daudnagar as would be evident from the order 19.02.2018 but till date no final order has been passed; compelling the petitioner to approach before this Court.

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On the other hand, learned Advocate for the State fairly submitted that since a settlement case has been initiated pursuant to the application made by the petitioner it must come

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Patna High Court CWJC No.19459 of 2018 dt.05-09-2024 3/3

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to its logical conclusion.

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Having considered the submissions advanced on behalf of the parties and considering the fair stand of the learned Advocate for the State, the present writ petition stands disposed of with a direction to the DCLR, Daudnagar to dispose of the Settlement Case No. 14/2009-10, after giving opportunity of hearing to all the stakeholders, preferably within a period of four months from the date of receipt/production of a copy of this order.

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The writ petition stands disposed of accordingly.

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(Harish Kumar, J)

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Anjani/-

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AFR/NAFR CAV DATE Uploading Date 07 .09.2024 Transmission Date

Ashok Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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