Petitioner sought execution of a Deputy Collector Land Reforms order. The Court held that execution powers lie with the competent authority under Section 15 of the Bihar Land Disputes Resolution Act, 2009, and directed the petitioner to avail that statutory remedy, disposing of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16326 of 2018
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Gulabi Devi wife of Akshay Lal Pal, resident of Village and P.O.- Kaab, Police Station- Rani Talab, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Singh, Advocate For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-14
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 28-07-2025 Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court CWJC No.16326 of 2018(2) dt.28-07-2025 2/6
15. Execution of the order passed by the Competent Authority. — [(1)] The Competent Authority shall execute the order passed by him subject to order, if any, passed in appeal:
Provided that if no appeal is filed within the prescribed period he shall proceed to execute the said order either himself or authorise any other officer or employee to execute the same.
3[(2) In case of unauthorized and unlawful dispossession of any settlee/allottee under any Act contained in the schedule-1 of the Act or of any owner of raiyati land, the Competent Authority shall execute his order passed under this Act by deputing a Revenue Officer under his jurisdiction and directing the Officer-In-charge of the concerned police station to depute a police officer with adequate police force.
(3) In case there is sufficient apprehension that the settlee/allottee of any land under any Act contained in schedule-1 of the Act or owner of any raiyati land may be dispossessed of his land, the Competent Authority may pass an appropriate order
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and shall execute his order by requesting the concerned Sub-Divisional Magistrate/ Executive Magistrate/Officer-in-Charge of the concerned police station to take preventive actions under the relevant sections of Criminal Procedure Code.
(4) In case of partition of land holding, the Competent Authority shall execute his order passed under this Act by getting the land measured and demarcated by Amin as per his order under prior intimation in prescribed form about the date and time of measurement and demarcation to co-sharers and by getting the Takhtabandi (apportionment of the specific shares of the co-sharers) of the co-sharers prepared. The Competent Authority shall invite objections from co-sharers against the Takhtabandi and upon hearing of the objections shall finalise the Takhtabandi and shall deliver possession of land to co-sharers in accordance with their Takhta (specific share). In case, it is not possible to measure or demarcate the land or to deliver the possession without the use of force then he shall depute a Revenue Officer under his jurisdiction and direct the Officer-In-charge of the concerned police station to depute a police officer with adequate police force and get his order executed.
Patna High Court CWJC No.16326 of 2018(2) dt.28-07-2025
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(5) In case of declaration of right of a person with respect to any land, the Competent Authority shall execute his order passed under this Act by directing the revenue authorities concerned to make necessary amendment in revenue records concerned including inter alia the continuous record of rights, tenants ledger register and khesra register reflecting the right of the person as per his order.
(6) In case of boundary dispute, the Competent Authority may execute his order passed under this Act, by getting the boundaries of the concerned plot or a part thereof measured and demarcated by Amin, as per his order, with prior intimation in prescribed form to all land holders having common boundaries, by way of notice indicating date and time of measurement and demarcation, but in case it is not possible without the use of force then he shall depute a Revenue Officer under his jurisdiction and direct the Officer-In-charge of the concerned police station to depute a police officer with adequate police force and get his order executed.
(7) (a) In case of unauthorized structure, the Competent Authority shall execute his order passed under this Act by directing the person responsible for such
Patna High Court CWJC No.16326 of 2018(2) dt.28-07-2025 5/6
unauthorized structure through a notice in prescribed form to remove such structure within 30 days of the receipt of the order.
(b) In case the person against whom a notice is made under Clause-(a) fails to remove the structure after the lapse of the 30 days period of notice, the Competent Authority shall issue a second notice in prescribed form directing him to remove such a structure within 15 days of the receipt of the notice failing which the structure shall be impounded or the structure shall be removed at his cost.
(c) In case the structure is not removed after the lapse of 15 days period of the notice under the Clause-(b), the Competent Authority shall impound the structure or remove it as he deems fit but in case of removal, the cost of the removal shall be realized from the person against whom the notice has been issued under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914.]
this Court that the power of execution of the order lies with the competent authority, which is already vested under the BLDR Act itself.
Patna High Court CWJC No.16326 of 2018(2) dt.28-07-2025 6/6
(Dr. Anshuman, J.)
Aman Kumar/-
U
1 issue framed by the court
Whether the writ petition lies for non-execution of the DCLR's order when an execution remedy exists under Section 15 of the BLDR Act.
2 provisions across 1 enactments
Gulabi Devi wife of Akshay Lal Pal
The State Of Bihar through the District Magistrate, District- Patna
The Deputy Collector Land Reform, Paliganj, District- Patna
The Superintendent of Police, District- Patna
The Sub-Divisional Officer cum Sub-Divisional Magistrate, Paliganj, District- Patna
The Sub Divisional Police Officer, Paliganj, District- Patna
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
