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Susheela Devi v. The State Of Bihar and Ors.

Patna HC24 Mar 2025CWJC/14869/2016

Case brief

AI extract

What is this about?

Keywords: Bashigat Purcha / Basgit Purcha; Basgit Purcha Case No. 17 of 2008-09; Bashigat Purcha Appeal No. 37 of 2009; settlement guidelines violation; Anchala Adhikari / Circle Officer Patepur; Collector Vaishali at Hajipur; appellate order without opportunity of being heard; alternative remedy; Section-9 B.L.T. Act, 2009; Bihar Land Tribunal; four-week filing window; three-month disposal; writ petition disposed of; Patna High Court, 2025.

What did the court decide?

No adjudication of merits; writ petition disposed of with direction to the petitioner to pursue the alternative remedy under Section-9 of the B.L.T. Act, 2009 through the Bihar Land Tribunal, which shall dispose of the matter on its own merit within three months if the petition is filed within four weeks. ¶33

Susheela Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue to the Collector, Vaishali at Hajipur (respondent No. 2) to adjudicate Bashigat Purcha Appeal No. 37 of 2009, preferred against the order dated 27-05-2009 of the Anchala Adhikari, Patepur Panchayat, whereby Basgit Purcha was issued in favour of respondents Nos. 4 to 7 from the petitioner's purchased dwelling land. +1 more

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Ratio / Principle

The petitioner may take recourse of the alternative remedy provided under Section-9 of the B.L.T. Act, 2009 rather than pressing the claims further in this writ jurisdiction.

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Key takeaways

If the petitioner files a petition before the Bihar Land Tribunal within a period of four weeks, the same shall be disposed of on its own merit within a period of three months.ratio¶32

Detailed headnote1 paragraphs

PATNA HIGH COURT (Nawneet Kumar Pandey, J) — Civil Writ Jurisdiction Case No.14869 of 2016, oral order dated 24-03-2025: Susheela Devi sought a direction to the Collector, Vaishali at Hajipur to adjudicate her Bashigat Purcha Appeal No. 37 of 2009, preferred against the order dated 27-05-2009 of the Anchala Adhikari, Patepur Panchayat (Basgit Purcha Case No. 17 of 2008-09), whereby Basgit Purcha was issued in favour of respondents Nos. 4 to 7 from her purchased dwelling land. During the writ's pendency, the Collector dismissed the appeal by order dated 10-02-2024, the petitioner alleging it was passed without giving her an opportunity of being heard. Declining to decide these questions in the writ, the Court held that the petitioner may take recourse to the alternative remedy provided under Section-9 of the B.L.T. Act, 2009, and directed that any petition she files before the Bihar Land Tribunal within four weeks shall be disposed of on its own merit within three months. The writ petition was accordingly disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14869 of 2016

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Susheela Devi W/o Amar Nath Sharma, Resident of Village- Krishnawara, P.S.- Patepur, Distt.- Vaishali at Hajipur.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The Collector Dist.- Vaishali at Hajipur Revenue Department Bihar, Patna.

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The Circle Officer Patepur Anchal Patepur Distt.- Vaishali at Hajipur.

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Santlal Paswan Now Died, S/o Late Prabhu Paswan.

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Shankar Paswan S/o Late Prabhu Paswan

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Dayali Paswan, S/o Late Prabhu Paswan

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Gauri Paswan, S/o Late Prabhu Paswan All resident of VillageKrishnawara, P.S.- Patepur Distt.- Vaishali at Hajipur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Mukesh Kumar No-1 For the Respondent/s : Mr.Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 24-03-2025 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed for the following relief(s):-

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(i) For a direction to the Collector, Vaishali at Hajipur i.e. respondent No. 2 to adjudicate the Bashigat Purcha Appeal No. 37 of 2009 immediately which is preferred against the order dated 27-05-2009 passed by the Anchala Adhikari of Patepur Panchayat in Basgit Purcha Case No. 17 of 2008-09 whereby and whereunder Basgit Purcha in favour of respondents No. 4 to

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Patna High Court CWJC No.14869 of 2016(2) dt.24-03-2025 2/3

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7 have been issued from her purchased dwelling land.

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(ii) For any other relief (s), for which the petitioner is

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entitled to in the facts and circumstances of the case.

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The private respondents are the allottees/settlees of the land, in question, which was settled to them vide order dated 27-05-2009 passed by Circle Officer, Patepur in Basgit Purcha Case No. 17/2008-09.

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At the time of filing of this writ petition, the petitioner’s appeal was pending before the Collector, Vaishali at Hajipur. The petitioner had filed that appeal before the Collector on the ground that the land, in question, was settled in favour of the private respondents in utter ignorance/violation of the guidelines for settlement of the land. During pendency of this writ petition, the Collector, Vaishali at Hajipur has decided the appeal vide order dated 10-02-2024 dismissing the appeal of the petitioner.

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The grievance of the petitioner is that the appellate authority without giving opportunity of being heard to the petitioner, has passed the order in the aforesaid appeal.

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