PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:
Heard the parties.
(A) PRAYER: 2. The present writ petition has been preferred for the following relief(s):
"For issuance of an appropriate writ/ writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 20.12.2024 passed by Hon'ble chairman, Bihar Land Tribunal, Patna In BLT Case No. 1111 of 2024 whereby the Hon'ble chairman, Bihar Land Tribunal, Patna has affirmed the order dated 05.12.2024 passed by Learned Chairman Cum Member, Board of Revenue, Bihar Patna in Surplus Case No. 16 of 2022 whereby the Respondent no. 2 has dismissed the case filed by petitioners by imposing cost of Rs. one Lakh with directing that same should be deposited with the Board of Revenue in 15 days and he also affirmed the order dated 25.04.2022 passed by Learned Divisional Commissioner, Tirhut Division, Muzaffarpur Respondent no.3 in Land Ceiling Appeal No. 35 of 2019 (Ashok Kumar Tiwari and others Vs. the State of Bihar) whereby Respondent no.3 affirmed the order dated 22.01.2019 passed by Learned Collector, West Champaran at Bettiah in Ceiling case No. 60 of 1973-74 (though the objection was filed by petitioners as well as petitioners' Mother and Grandmother in Ceiling Case No. 79 of 1973- 74) whereby the Learned Collector has dismissed the claim of petitioners and directed for publishing the Final publication under section 11(1) of the Ceiling Act.
(II). For issuance of an appropriate writ\ writs, order\orders, direction directions in the nature of mandamus directing the respondents authorities to exclude the land of petitioners from the Ceiling proceedings by cancelling the gazette notification dated 31.01.2002 to the extent to the land of the petitioners only and further restrain the respondents authorities from distributing the land in question as well as interference in the physical possession of petitioners during the pendency of present case before this Hon'ble High Court."
(B) FACTS: 3. The petitioner nos. 1 and 2 are sons while the petitioner no. 3 is the grandson of the late Sushila Devi.
4. The matter relates to the lands situated under the Circle Office, Bagaha-2 in the district of West Champaran and the original land holder is/was Shatrumardan Shahi. The claim of the petitioners is/are that some of the lands of Shatrumardan Shahi was settled with one Panna Ji in the year 1948 before the vesting of the lands with the State of Bihar.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTA3ODcjMjAyNSMxI04=-yZeHgRxcqxA=
Disclaimer: Curated by HT Syndication.