Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12675 of 2017 ====================================================== Ram Chandra Singh Son of Late Mukhtiyar Singh, Resident of Village- Guagachhi, Post-Hemkunj, Police Station-Manihari, District-katihar. ... ... Petitioner/s Versus
1. The State Of Bihar
2. The Collector,Katihar.
3. The Additional Collector, Land Ceiling, Katihar.
4. The Circle Officer, Amdabad, Manihari, District-Katihar.
5. Sita Sahchari Devi, Wife of Late Upendra Narayan Singh
6. Bhanu Prakash Singh.
7. Manu Prakash Singh
8. Divya Prakash Singh.
9. Divyanshu Prakash Singh. All Sons of Late Upendra Narayan Singh, All respondents From No. 5 to 9 are Resident of Village--Baluaghatti, Post- Hemkunj, Police Station-Amdabad Manihari, District-Katihar.
10. Laxmi Ram, Son of Ajor Ram.
11. Narayan Ram, Son of Khokha Ram.
12. Naresh Ram, Son of Sattan Ram. All respondents From No. 10 to 12 are Resident of Village-Kishanpur, Post-Hemkunj, Police Station-Amdabad, Manihari, District-katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Surya Prakash, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 22-04-2025 Heard the parties.
2. The present application has been preferred for the grant of following relief:
“(i) Issuance of a writ in the nature of writ of certiorari directing the respondents to quash the part of the order dated 10.4.1990 so far the petitioner's land is concerned passed by
Patna High Court CWJC No.12675 of 2017(2) dt.22-04-2025 2/3 Additional Collector, Katihar in Ceiling Case No.28/73-74 (Government Versus Sita Sahchari Devi & Ors.) contained in Annexure-6 whereby and whereunder the land purchased by the petitioner through sale deed dated 12.4.1956 from the original/recorded land owner namely Upendra Narayan Singh much before the initiation of ceiling proceeding has been declared as the surplus/excess land of original land owner. (ii) Issuance of a writ in the nature of writ of mandamus interalia directing the respondents to make free the land of the petitioner purchased through sale deed dated 12.4.1956 much before the initiation of ceiling process and exclude the land of the petitioner purchased through sale deed from the list of declared Surplus/excess land of the original land owner in Ceiling Case No.28/73-74. (iii) Issuance of a writ in the nature of writ of certiorari directing the respondents to quash the basgit parcha issued by the Circle Officer, Amdabad, Manihari in favour of respondents no.10 to 12 respectively with regard to the land purchased by the petitioner through sale deed dated 12.04.1956. (iv) Issuance of any other writ(s) or order(s) or direction(s) which may be deemed fit and proper in the facts and circumstances of the case.”
Patna High Court CWJC No.12675 of 2017(2) dt.22-04-2025 3/3
3. A counter affidavit has come from the Circle Officer, Amdabad representing the respondent no.2 and as per the unrebutted paragraph no.6, after the final publication, both the landholder, Upendra Singh as also this petitioner submitted their respective objection petition whereafter on 10.04.1990, an
order was passed which followed acquisition of the surplus land and presently it stands distributed. The petitioner, if aggrieved, could have preferred an appeal but chose to remain silent and after decades, have come forward with the writ petition.
4. Considering the aforesaid unrebutted statements of the respondents, the petitioner despite filing objection, the land having been declared surplus in the year 1990, distributed, chose not to approach any forum, certainly, has missed the bus.
5. No relief can be granted. Accordingly, the writ petition stands dismissed.
vinayak/- (Rajiv Roy, J) U