Disposed¶35

Bikash Kumar v. The State of Bihar

Patna HC14 May 2024CWJC/1985/2024

Case brief

AI extract

What is this about?

Parcha issuance for acquired surplus ceiling land; landless claimants; Ceiling Act; Mauza Gawas/Veera, Anchal Beldour, District Khagaria; Thana Nos. 127, 128; fresh representation before Collector, Khagaria; four-week filing window; six-month disposal timeline; State counsel no objection; writ petition disposed of; CWJC 1985 of 2024; Rajiv Roy, J.; order dated 14-05-2024.

What did the court decide?

Liberty/direction to the petitioners to individually approach the Collector, Khagaria (respondent no. 2) with a fresh representation establishing their landless status; such representation, if filed within four weeks, to be taken to its logical conclusion within six months thereafter; writ petition disposed of. ¶35

Bikash Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶35

Issue for consideration

Whether the petitioners, who claim themselves to be landless, are entitled to a direction that parcha be issued to them in respect of the acquired surplus land under the Ceiling Act at Mauza Gawas, Veera, Anchal Beldour, District Khagaria (Thana Nos. 127, 128; Khata Nos. 27, 30, 309, 256, 37, 29, 18; Khesra Nos. 21, 1, 3, 18, 105, 98, 22, 19, 20, 952, 7, 6, 8, 9, 49, 14, 13, 10, 11), by way of opening the record with regard to issuance of purchase.

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Court's answer

The petitioners were permitted to individually approach respondent no. 2, the Collector, Khagaria, and satisfy the Collector about their being landless persons.

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Ratio / Principle

If the petitioners' petition/representation before the Collector, Khagaria is preferred within four weeks, it shall be taken to its logical conclusion within six months thereafter.

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Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Rajiv Roy), oral order dated 14-05-2024 in Civil Writ Jurisdiction Case No. 1985 of 2024. Nine petitioners from Khagaria/Bhagalpur districts, claiming themselves to be landless, had sought a direction to the respondents to issue parcha in respect of acquired surplus land under the Ceiling Act at Mauza Gawas, Veera, Anchal Beldour, District Khagaria (Thana Nos. 127, 128, with specified khata and khesra numbers), by way of opening the record concerning issuance of purchase. Learned counsel for the petitioners stated that a fresh representation would be preferred before the Collector, Khagaria (respondent no. 2) for redressal of their grievance, and learned State Counsel raised no objection. The Court directed the petitioners to individually approach the Collector and satisfy him about being landless; any such petition/representation preferred within four weeks was to be taken to its logical conclusion within six months thereafter. The writ petition stood disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1985 of 2024

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

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Bikash Kumar Son of Nandan Gupta, Resident of Village- Pakrail, P.O.Pakrail, P.S.- Maheshkhunt, District- Khagaria.

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Mithun Kumar Gupta @ Mithun Kumar, Son of Rajendra Gupta, Resident of Village and P.O.- Pakrail, P.S. - Maheshkhunt, District- Khagaria.

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Rahul Kumar, Son of Shankar Guptra, Resident of Village and P.O.- Pakrail, P.S. -Maheshkhunt, District- Khagaria.

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Badal Kumar, Son of Nandan Gupta, Resident of Village and P.O- Pakrail, P.S. -Maheshkhunt, District- Khagaria.

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Neha Kumari, Daughter of Mahendra Gupta, Resident of Village- Pakraul and P.O.- Pakrail, P.S.- Maheshkhunt, District- Khagaria.

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Neha Kumari, Daughter of Bisundev Sah, Resident of Village- Barari (Chorhar) 1, P.O.- Chorhar, P.S. - Kharik, District- Bhagalpur.

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Dilkhush Kumar, Son of Rajendra Sah, Resident of village- Veera, P.O.Kanjari, P.S.-Beldour, District- Khagaria.

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Dharmendra Kumar, Son of Nandan Gupta, Resident of Village and P.O.Pakrail, P.S. -Maheshkhunt, District- Khagaria.

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Pritam Kumar, Son of Pavan Gupta @ Pawan Gupta, Resident of Bindtoli Pakrail, P.O.- Pakrail, P.S.- Maheshkhunt, District- Khagaria. ... ... Petitioner/s

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Versus

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The State of Bihar.

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The Collector, Khagaria.

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The Additional Collector, Khagaria.

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The District Land Acquisition Officer, Khagaria.

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The Deputy Collector, Land Reforms, Gogri, District- Khagaria.

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The Sub Divisional Officer, Gogri, District- Khagaria.

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The Circle Officer, Belour, District- Khagaria.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Respondent/s : Mr. Manoj Kumar Sinha, A.C. to S.C.-19

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 14-05-2024 Heard the parties.

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2. The present petition has been preferred for the:-

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direction may be given to the concerned

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respondents to issue parcha in favour of the petitioners from the acquired surplus land under Ceiling Act at Mauza Gawas, Veera, under Anchal-

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Patna High Court CWJC No.1985 of 2024(2) dt.14-05-2024 2/2

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Beldour, District- Khagaria, Thana No. 127,128, Khata No. 27,30,309,256, 37,29,18 Khesra No. 21, 1, 3, 18, 105, 98, 22, 19, 20, 952, 7, 6, 8, 9, 49, 14, 13, 10, 11 by way of opening the record with regard to issuance of purchas.

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3. Learned Counsel for the petitioners submit that they shall be preferring fresh representation before the Collector, Khagaria (respondent no. 2) for the redressal of their respective grievance, the petitioners claim themselves to be a landless.

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4. Learned State Counsel has no objection to it.

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5. Let the petitioners individually approach the respondent no. 2, the Collector, Khagaria and satisfy about them being the landless person.

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6. If such petition/representation is preferred within four weeks from today, the same shall be taken to its logical conclusion within six months thereafter.

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7. The writ petition stands disposed of.

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(Rajiv Roy, J)

¶37

Neha/-

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Bikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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Statutes considered

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