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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.253 of 2017 ====================================================== Rajendra Bhagat S/o Late Gulab Chandra Bhagat, resident of Mohalla- Durga Mandir Road, Naugachia, P.S.P.o.- Naugachia, District- Bhagalpur. ... ... Petitioner/s Versus
1. The State Of Bihar
2. The District Magistrate, Katihar. 3. The Sub-Divisional Officer, Katihar. 4. The Deputy Collector Land Reforms, Katihar. 5. The Circle Officer, Barari, District- Katihar. 6. The Superintendent of Police, Katihar. 7. The Officer Incharge, Barari, District- Katihar. 8. Manoj Mandal, S/o Bharat Bhushan Manal,
9. Kameshwar Mandal, S/o Hakaru Mandal,
10. Kamala Mandal, S/o Baudhi Mandal,
11. Pappu Masndal, S/o Late Bharat Mandal,
12. Bilas Mandal, S/o Kakaru Mandal,
13. Mohit Lal Mandal, S/o Late Baukoo Mandal,
14. Nand Lal Mandal, S/o Late Baudhi Mandal,
15. Musawa Rishi, S/o Late Manoj Rishi,
16. Chamak Lal Rishi, S/o Biru Rishi,
17. Bangata Rishi, S/o Mangan Rishi,
18. Prasadi Rishi, S/o Rameshwar Rishi,
19. Bishundeo Rishi, S/o Late Baiju Rishi, All are resident of Village- Sujapur Tola Pipra, P.O.- Sujapur, P.S.- Barari, District- Katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms.Anu Priyadarshni, Advocate Ms. Sweta Raj, Advocate For the Respondent/s : Mrs. Nutan Sahay, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 30-08-2025
Heard Ms. Sweta Raj, learned counsel for the petitioner and Mrs. Nutan Sahay, learned State Counsel. 2.
The present petition has been preferred for the following relief/s: (i) to issue a writ in the nature of mandamus
Patna High Court CWJC No.253 of 2017(3) dt.30-08-2025 2/3 commanding the Respondent No. 4 to ensure the compliance of the order dated 28.11.2012 passed in Land Dispute Case No. 67 of 2012- 13 (12-13) (Annexure-1), because earlier the petitioner invoked the jurisdiction of this Hon'ble Court in C.W.J.C. No. 4284 of 2014, which was disposed of by the order dated 28.09.2016 (Annexure P/5) and the petitioner in compliance to the order passed by this Hon'ble Court in C.W.J.C. No. 4284 of 2014 filed an application in the Court of the Respondent No. 4 on 14.10.2016 (Annexure- P/6) but the same was not entertained by the Respondent No. 4; (ii) to issue a writ in the nature of mandamus commanding the Respondent No. 4 to adjudicate the issue in terms of Section 15 of the Bihar Land Resolution Act, 2009, as the petitioner in contemplation to the order dated 28.09.2016 passed in C.W.J.C. No. 4284 of 2014, filed an application in the Court of the Respondent No. 4 on 14.10.2016 (Annexure P/6) but the same was not entertained by the
Patna High Court CWJC No.253 of 2017(3) dt.30-08-2025 3/3 Respondent No. 4; (iii) any other relief or reliefs.. 3. A counter affidavit on behalf of respondent nos. 1 to 5 has come annexing the instruction issued by the Revenue Land Reforms Department dated 27.11.2018 (letter no. 876) duly signed by its Principal Secretary in which it has been clearly recorded that in a dispute between the private parties which has to be adjudicated by a competent Civil Court, no further steps shall be taken by any of the revenue authorities. The letter was directed to all the Divisional Commissioners, Collectors, the Deputy Collectors, Land Reforms. 4.
This counter affidavit was served upon the learned counsel for the petitioner on 22.08.2019 and there is no rebuttal to it. 5. Granting liberty to the petitioner to approach the appropriate authority/competent Court for the redressal of the grievance, the writ petition is disposed of. Ravi/- (Rajiv Roy, J) U