WRIT PETITION 15170 of 2025 on 1 December 2000

1. The State of Bihar through the Additional Chief Secretary, Revenue andLand Reforms, Department, Bihar, Patna.Land Reforms, Department, Bihar, Patna.

2. The Collector-cum-District Magistrate, East Champaran, Motihari.

3. The Sub-Divisional Officer, Sikrahana, East Champaran.

4. The Circle Officer, Daka, East Champaran.

5. Hari Nandan Patel, Son of Dwarika Patel, Resident of Village Gorgawan,P.S. Kundwa Chainpur, District East Champaran.P.S. Kundwa Chainpur, District East Champaran.

225-09-2025

... ... Respondent/s

Appearance :For the Petitioner/s: Mr. Uma Shankar Verma, Adv. Ms. Kumari Anjali, Adv.For the Respondent/s: Mr.Vishawambhar Prasad, AC to AAG-5

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGHORAL ORDER

The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seekingthe following relief(s):

"1. That this is an application for issuance of anappropriate writ, order or direction or a writ ofcertiorari for quashing and setting aside the orderdated 10-12-2000 passed by the Circle Officer,Dhaka, East Champaran in P. P .Purcha Record No.06/2000-2001 whereby and whereunder BasgitPurcha has been issued under section 4(5) ofPrivilege persons Home Tenancy Act 1947 withregard to the land bearing Khata No. 26, Plot No.832, Area 06 decimal situated at Mauza GorgawanP.S.-Kundwa Chainpur, East Champaran in favour of Samundri Kuar mother of Respondent no. 5 on theground of Landless lady belonging form backwardclass and has been residing at the said land for lastfifty years, after constructing the house, withoutfollowing the Rules under the Act and anyverification.

(i) For issuance of an order, direction or a writ ofmandamus directing the respondents to make the landfree from the encroachment which GairmajaruaMalik and the only Aam Rasta for several people ofthe Mohalla (which is encroached by the RespondentNo.5).

(ii) For any other relief/s for which the petitioner isentitled in the facts and circumstances of the case."

2. Mr. Uma Shankar Verma, learned counselappearing for the petitioner and Mr.Vishawambhar Prasad,learned counsel appearing for the State-respondents are presentand they are heard.

3. The main grievance of the petitioner is that the order dated 01.12.2000 which was passed by the Circle Officer,Dhaka, East Champaran in P.P. Purcha Record No. 06 of 2000-2001 is completely illegal as a Basgit Purcha was issued infavour of one Samundri Kuar who happens to be the mother ofrespondent no. 5, on the ground of her being landless lady aswell as belonging from backward class but that Purcha wasissued without following rules and the provisions of BiharPrivileged Persons Homestead Tenancy Act.

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4. Since the issue raised by the petitioner relates to anorder which was passed long back in the year 2000 and thepetitioner has not explained the long delay in challenging thesame and furthermore the petitioner has an efficaciousalternative remedy for redressal of his grievance underappropriate law, which ought to have been availed by him.Therefore, at this stage, this court is not persuaded to invoke itswrit jurisdiction to decide the issue raised by the petitioner.

5. Accordingly, the instant writ petition standsdisposed of, with giving a liberty to the petitioner to raise hisissue before the competent authority in accordance with law.

(Shailendra Singh, J)