PATNA HIGH COURT ISSUES JUDGMENT ON HARI KISHOR SINGH V/S THE STATE OF BIHAR AND ORS

PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:

1. Heard the learned counsel for the parties.

2. The present writ application has been filed for issuance of a writ in the nature of mandamus for a direction to respondent No. 5 to provide the petitioner the total area of 18 decimals of Chak No. 22, which was allotted to him under Baghmati Rehabilitation Scheme.

3. The learned counsel for the petitioner submits that despite the acceptance of the authorities concerned that out of 18 decimals of land given to the petitioner under the aforesaid rehabilitation scheme, he was in possession over 16 decimals of land and the rest two decimals of land were encroached by the private respondent Nos. 6 and 7 and a report to such effect was also given by the Rehabilitation Officer, Baghmati Pariyojna, Sheohar. It has further been submitted that despite repeated requests and representations having been made by the petitioner, till date no action has been taken and the respondent Nos. 6 and 7 have illegal occupation over the two decimals of land of the petitioner.

4. The learned AC to AAG-12 submits that the petitioner has approached the authorities after almost twelve years from the date of measurement, which was done wayback in the year 2009. It has been submitted that the petitioner has a remedy under the Bihar Land Disputes Resolution Act, 2009 and he may prefer an application under the same for redressal of his grievances.

5. Having heard the learned counsel for the parties and taking into account the fact that there was a previous finding of the Rehabilitation Officer with regard to the petitioner being in possession over 16 decimals of land out of 18 decimals which was allotted to him by the authorities concerned, it is directed that if a fresh representation is filed by the petitioner before the Collector, Sheohar within a period of two weeks from today, the same shall be considered and necessary steps for getting the lands vacated be taken by a reasoned order within a period of three months from the date of receipt/production of a copy of this order.

6. With the aforesaid observation/direction, the application stands disposed of.

7. Interlocutory application(s), if any, also stands disposed of accordingly.

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