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2025 DAILYLAW 104258 (PAT)

Pawan Kumar Agarwal v. The State Of Bihar and Ors

CWJC/17666/2018 · 2025-12-01

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17666 of 2018 ====================================================== Pawan Kumar Agarwal S/o Baiju Lal Agarwal, resident of Village P.O. - Kaliaganj, P.S. Block - Palasi, Districct- Araria. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Sub-Divisional Public Grievance Redressal Officer, Araria. 3. The Anchal Adhikari, Anchal- Palasi, District- Araria. 4. Binod Rishidev, S/o Saryug Rishidev, resident of Village- Balua Kaliaganj, P.O. P.S.- Palasi, District- Araria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Satish Kumar Sinha, Advocate For the Respondent/s : Mr.Raj Kishore Roy- GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 01-12-2025 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for issuance of an appropriate writ, order(s) and/or direction for the following relief/reliefs: (a) to quash the order dated 20.02.2018 regarding issuance of Basgit Parcha in Record No.14 of 2017-18 passed by the respondent Anchal Adhikari, Palasi in the district of Araria; (b) to quash the Basgit Parcha issued on 20.09.2018 in Record No. 14 of 2017-18 by Patna High Court CWJC No.17666 of 2018(3) dt.01-12-2025 2/2 the Anchal Adhikari, Palasi, Araria; (c) to pass such other order/direction as may deem fit and proper to secure the ends of justice. 3. A counter affidavit has come on behalf of respondent nos. 2 and 3 duly served upon the learned counsel for the petitioner on 06.08.2019 and which has not been rebutted. Beside the plea that has been taken to justify the order in question, it has been also recorded in para-18 that the petitioner ought to have move under section 21 of the Bihar Privileged Persons Homestead Tenancy, Act, 1948. 4. At this stage, learned counsel for the petitioner submits that he shall be approaching the concerned authority. The stand of the State is that in case, such petition is preferred, it will be taken to its conclusion in accordance with law. 5. In that background, allowing the petitioner to approach the Collector the under section 21 of the Act, the writ petition is disposed of. Ravi/- (Rajiv Roy, J) U