Balram Paswan Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2120 of 2022

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Balram Paswan S/o Late Bal Govind Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Ramdeo Paswan S/o Late Kalar Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Laxmi Paswan S/o Late Khuvi Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Bholi Devi W/o Balram Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Mahindra Paswan S/o Late Bidyanand Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Manikchand Paswan S/o Gulab Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Umesh Paswan S/o Gulab Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Malar Paswan S/o Late Mahangi Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Fudan Paswan S/o Late Munar Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Shankar Paswan S/o Ramdev Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Shiv Narain Paswan S/o Adhiklal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Pramod Paswan S/o Late Bishundeo Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Vinod Paswan S/o Mahindra Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Indradeo Paswan S/o Late Bhola Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Upendra Paswan S/o Bhola Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Gulab Chand Paswan S/o Late Bal Govind Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Seo Lal Paswan S/o Late Bal Govind Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Prithvi Lal Paswan S/o Late Bal Govind Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Chandradeo Paswan S/o Late Nal Govind Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Ayodhi Paswan S/o Late Rasiklal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Patna High Court CWJC No.2120 of 2022(4) dt.01-04-2024 2/7

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Jilebi Paswan S/o Ayodhi Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Badri Paswan S/o Late Adhiklal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Ranjit Kumar Paswan @ Ranjit Paswan S/o Badri Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Ranveer Paswan S/o Badri Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Hirdev Paswan S/o Late Adhiklal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Most. Sukni Devi W/o Late Shanichar Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Chandra Mohan S/o Late Nevilal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Krishna Mohan Paswan S/o Late Nevilal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Rundeo Paswan S/o Late Bahadur Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Brahmadeo Paswan S/o Late Bahadur Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Chanardeo Paswan @ Chandradeo Paswan S/o Kala Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Gulabchand Paswan, Late Kishan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Bindeshar Paswan S/o Late Kishan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Rameshwar Paswan S/o Late Kalor Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Sharda Devi W/o Prithvi Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Narendra Paswan S/o Sukhdev Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Suman Paswan S/o Pannalal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Lalan Paswan S/o Motilal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Niraj Paswan S/o Ashok Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Deoki Paswan @ Deoki Devi W/o Moti Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Nothni Paswan S/o Late Lakhan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Anil Paswan S/o Late Ramji Paswan Residents of Village Kewla, P.S.

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Patna High Court CWJC No.2120 of 2022(4) dt.01-04-2024 3/7

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Bhimpur District-Supaul.

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Arun Paswan S/o Yugeshwar Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Shiv Shankar Paswan S/o Late Laxmi Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Savita Devi W/o Pawan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Aghori Paswan S/o Khujilal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Pannalal Paswan S/o Khushilal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Narendra Paswan S/o Sukdeo Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Umesh Paswan S/o Late Bilakshan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Ramsevak Paswan S/o Luchan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Mahanand Paswan S/o Ram Rup Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Singheshar Paswan S/o Late Munay Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Khahar Paswan S/o Aghanu Paswan, Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Yugeshwar Paswan S/o Late Rashiklal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Shivsharan Paswan S/o Gujay Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Satya Narain S/o Ravi Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Krishnaballabh Paswan S/o Budhan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Gulab Paswan S/o Bikan Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Runa Devi W/o Sita Ram Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Asha Devi W/o Harihar Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Sanjay Paswan S/o Panna Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Sharda Devi W/o Kishun Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Paro devi W/o Bal Gopinand Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Patna High Court CWJC No.2120 of 2022(4) dt.01-04-2024 4/7

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Vinod Paswan S/o Mahindra Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Kranti devi W/o Rajendra Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Ramanand Paswan S/o Late Turai Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Satyanarain Paswan S/o Late Kadam Lal Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Sitaram Paswan S/o Late Mahadev Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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Nand Kishore Paswan S/o Krishnaballabh Paswan Residents of Village Kewla, P.S. Bhimpur District-Supaul.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secrerary, Land and Revenue department, Government of Bihar, Patna.

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The Commissioner, Kosi Division, Saharsa.

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The District Magistrate, Supaul.

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The Additional Collector, Supaul.

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The Sub Divisional Officer, Triveniganj, Supaul.

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The Land Reforms Deputy Collector, Triveniganj, Supaul.

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The Anchal Adhikari, Chhatapur Anchal, Supaul.

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Satya Narayan Mehta, S/o Late Bhavvi Mehta R/o- Village- Kewla, P.S.Bhimpur, District- Supaul.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate For the Respondent/s : Mr. Md. Khurshid Alam, A.A.G.-12 Mr. Bikas Kumar Sharma, Advocate Mr. Ram Murti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 01-04-2024 Heard learned Counsel for the petitioners and the

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State.

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

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Patna High Court CWJC No.2120 of 2022(4) dt.01-04-2024 5/7

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(i) for a direction to the Respondents, specially the learned District Magistrate, Supaul (Respondent no.4) to immediately settle the lands in question to the petitioners, according to their respective possession as they are living over their small fragmentation after making construction of thatched roof house since the time immemorial and also cultivating part of it for their livelihood.

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(ii) for a further direction to the Respondents to stay the process of survey operation, which are under process within the district of Supaul, awaiting the final settlement made to the petitioners.

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(iii) for a direction to the Respondents to initiate the process of settlement in compliance of the directive of the learned Additional Collector, Supaul itself, for which such direction had already been given on his behalf as long back as on 03.10.2002 (Annexure-1) but despite lapse of such a long tenure, no step has been taken on behalf of the Respondents.

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3. Learned Counsel for the petitioners submits that the

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Patna High Court CWJC No.2120 of 2022(4) dt.01-04-2024 6/7

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matter is pending since last two decades without any light on the other side of the tunnel.

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4. Mr. Bikash Kumar Sharma, learned Counsel represent respondent no. 9 and according to learned Counsel, he is one of the purchaser from the settlee relating to one of the land.

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5. The State has filed counter affidavit and it has been pointed out that a case relating to cancellation of ‘ jamabandi ’ (which reflects from the letter no. 1256-2 dated 21.12.2019) has been issued by the Circle Officer, Chhatapur (Annexure-A to the petition).

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6. Learned Counsel for the petitioner submits that they are not part of the said 43 persons whose name finds place in the letter of the Circle Officer.

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7. Taking into account the aforesaid facts, it would be appropriate that the petitioners individually approach the Collector, Supaul for the redressal of their grievance along with documents within four weeks from today.

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8. If such petition is preferred within four weeks from today, the Collector, Supaul shall pass an appropriate order on the petitions of the petitioners (which has to be preferred individually) within six months thereafter.

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Patna High Court CWJC No.2120 of 2022(4) dt.01-04-2024 7/7

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9. Learned State Counsel submitted that this is an

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election period and as such, two more months be granted.

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10. The Collector to dispose of within a period of

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eight months.

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11. The writ petition stands disposed of.