Kapleshwar Yadav and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Kapleshwar Yadav and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners directed to appear before the Circle Officer, Bithan, Samastipur and put forth their claim; Circle Officer directed to dispose of the proceedings pending before him as early as possible.

Issue for consideration

Whether the respondents, specially the Collector, Samastipur, can be directed to re-open Land Ceiling Case No. 13/1973-74, which came to an end by notification No. 283 dated 23-07-2002 under section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. +1 more

Court's answer

The petitioners are directed to appear before the Circle Officer, Bithan, Samastipur and put forth their claim.

Ratio / Principle

The Circle Officer, Bithan, Samastipur is directed to dispose of the proceedings pending before him as early as possible.

Key takeaways

With the aforesaid observations and directions, the writ petition stands disposed of.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J), oral order dated 24-03-2025, disposed of Civil Writ Jurisdiction Case No.6238 of 2017. Petitioners Kapleshwar Yadav and Hari Narayan Yadav had sought a direction to the Collector, Samastipur to re-open Land Ceiling Case No. 13/1973-74, which came to an end by notification No. 283 dated 23-07-2002 issued under section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 with Gazette publication dated 0108-2002, whereby 52,98.1/2 acres including 4 Kathas 2 Dhurs of Khata No. 26, Khesera No. 403 at village Sakhawa, P.S. Bithan were acquired; they further sought restraint against interference with their possession and quashing of the notice dated 24-01-2017 issued under the signature of the Anchal Adhikari, Bithan. The Court issued no ruling on those prayers; it directed the petitioners to appear before the Circle Officer, Bithan, Samastipur and put forth their claim, and directed the Circle Officer to dispose of the proceedings pending before him as early as possible, disposing of the writ petition accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6238 of 2017

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

Kapleshwar Yadav and Anr

Hari Narayan Yadav. Both Sons of Late Ganesh Rai @ Ganeshi Rai @ Ganeshi Yadav, Resident of Village- Sakhawa, P.S. Bithan, DisrictSamastipur.

... ... Petitioner/s

Versus

The State Of Bihar and Ors

The Collector, Samastipur.

The Anchal Adhikari, Bithan, District- Samastipur.

Jagdish Ram, Son of Late Ramphal Ram, Resident of Village- Sakhawa, P.S. Bithan, Disrict- Samastipur.

Chatradhai Singh.

Upendra Prasad Singh. Both Sons of Late Bhubneshwar Prasad Singh, Resident of Village- Sakhawa, P.S. Bithan, Disrict- Samastipur, Presently residing at Maekhachak, P.S. Sonepur, District- Saran.

... ... Respondent/s

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

Appearance : For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate. For the Respondent/s : Mr. Dhurjati Kumar Singh, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

6 24-03-2025 Heard the parties.

The present writ petition has been filed for a

direction to the respondents-authorities, specially the Collector, Samastipur (respondent No. 2) to re-open the land Ceiling Case No. 13/1973-74 which came to an end by issuance of the notification No. 283 dated 23-07-2002 issued by the District Collector, Sasamtipur under section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus

Patna High Court CWJC No.6238 of 2017(6) dt.24-03-2025 2/2

Land) Act, 1961 and publication in official Gazzette dated 0108-2002 whereby and whereundeer 52,98.1/2 acres including 4 Kathas 2 Dhurs of Khata No. 26, Khesera No. 403 of the lands of the petitioners situated in the village Sakhawa, P.S. Bithan, District-Samastipur have been acquired and also to restrain the respondents to not interfere with the possession of the petitioners over the disputed land and also to quash the notice dated 24-01-2017 issued under the signature of the Anchal Adhikari, Bithan, District-Samastipur.

By notice dated 24-01-2017 (Annexure-7), the Circle Officer, Bithan, Samastipur has directed the petitioners to appear and put forth their stand.

Accordingly, the petitioners are directed to appear before the Circle Officer, Bithan, Samastipur and put forth their claim. The Circle Officer is directed to dispose of the proceedings pending before him as early as possible.

With the aforesaid observation(s) and direction(s), this writ petition stands disposed of.

(Nawneet Kumar Pandey, J)

A.K.V.//-

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