WRIT PETITION 17436 of 2021 on 3 March 1986

1. The State of Bihar.

2. District Magistrate cum Collector, Samastipur.

3. Circle Officer, Samastipur.

4. Shambhu Sah son of Late Ramashis Sah resident of Village and P.O.Shambhupatti, P.S. Samastipur District Samastipur.Shambhupatti, P.S. Samastipur District Samastipur.

5. Shankar Sah son of Late Ramashis Sah resident of Village and P.O.Shambhupatti, P.S. Samastipur District Samastipur.Shambhupatti, P.S. Samastipur District Samastipur.

6. Sangita Devi wife of Late Dinesh Pal resident of Village Hardaspur, P.O.Raslpur, P.S. Rasalpur District Samastipur.Raslpur, P.S. Rasalpur District Samastipur.

7. Gaytari Devi wife of Late Umesh Pal resident of Village Hardaspur, P.O.Raslpur, P.S. Rasalpur District Samastipur.Raslpur, P.S. Rasalpur District Samastipur.

8. Lal Babu Pal @ Guddu Pal son of Late Ravindra Pal resident of VillageHardaspur, P.O. Raslpur, P.S. Rasalpur District Samastipur.Hardaspur, P.O. Raslpur, P.S. Rasalpur District Samastipur.

325-09-2025

... ... Respondent/s

======================================================Appearance :For the Petitioner/s: Mr. Bharat Bhushan, Adv.For the Respondent/s: Mr. Raj Kishore Roy ( GP-18 )======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGHORAL ORDER

The instant writ petition has been filed by thepetitioner under Article 226 of the Constitution of India,invoking writ jurisdiction of this Court, which read as under :- “That, this is an application for issuanceof appropriate writ/orders/ direction in the nature ofwrit of mandamus directing the respondents toconclude the proceeding of Miscellaneous Case no.01/2004-2005 within a stipulated time which ispending before Circle Officer, Samastipur in whichthe petitioner prayed for cancellation of Basgit Parcha issued in favour of Ramashis sah andRavindra Pal Vide case no 10/74-75 and 05/74-75respectively (Annexure- 2&3) for the area of 4decimal. On the basis of aforesaid parcha therespondents claimed the said area of the land in theland of Hemlata Devi (mother of petitioner), whopurchased the land in question by sale deed no 2609dated 03.03.1986 in Mouza Balbhadrapurappertaining to old Khata no 33 Khesra no 461 andbearing new Khata no 52 and 963 Khesra nо952,954,956 & 963 comprising of an area 6 Kathas,although as per order dated 30.03.1989 passed bythe then Circle Officer, Samastipur bearing case no37/87-88 (contained herein as Annexure-4) as wellas order of Additional Collector, samastipur, dated07.05.2000 passed in Miscellaneous Basgit ParchaCase No.154/99-2000 (contained herein asAnnexure-6) both the authority under theirproceeding found that Basgit Parchal is suspiciousand defective as such it is liable to be cancelled bythe Collector Samastipur as per provision of BiharPrivilege Person Homestead Tenancy Act 1947(herein after referred as BPPHT Act) and thereaftercase was transfer to the Collector Samastipur forfinal adjudication where Misc. Case no 418/2000was instituted and then after hearing of parties casewas remitted back to the Circle Officer, Samastipurby order dated 31.01.2005 (Annexure-7). Hencepetitioner is running from pillar to post and starvingto meet the ends of justice.

It may be further held that the privaterespondents are not entitled to hold the land inquestion as a privileged person on the basis of saidillegal document.”

2. Mr. Bharat Bhushan, learned counsel for thepetitioner and Mr. Raj Kishore Roy, learned GP-18 for the State-respondents, are present and they are heard.

3. The main grievance raised by the petitioner in thispetition is that the Miscellaneous Case No. 01/2004-05 has notbeen decided by the Circle Officer, Samastipur (respondent No.3), which has been running for the last 20 years, in which thepetitioner has challenged a particular Basgit Parcha on somegrounds.

4. During the course of argument, learned GP-18appearing for the State-respondents has accepted that the saidcase (Misc. Case No. 01/2004-05) is pending, though he hasreferred to several steps having been taken by the Circle Officer,Samastipur (respondent No. 3), in the said miscellaneous case,giving thereof details in the counter affidavit.

5. In view of above stated facts, one thing is quiteclear that the Misc. Case No. 01/2004-05, in which thepetitioner is one of the parties, is still pending and the same hasbeen running since 2004-05, which is a very surprising fact.Considering this fact, the Circle Officer, Samastipur (respondentNo. 3), is hereby directed to decide the Misc. Case No. 01/2004-05, in the next four months from the date of receipt of a copy of annu/- U

this Court’s order or upon production of the same, bycompleting the necessary enquiry, for which a specific directionhas already been given to him by the District Magistrate cumCollector, Samastipur (respondent No. 2). Thereafter, theDistrict Magistrate cum Collector, Samastipur (respondent No.2) will decide the Misc. Case No. 418 of 2000 at the earliest, ifthe same is pending, preferably within six months from date ofreceiving of the inquiry report from the Circle Officer,Samastipur (respondent No. 3).

6. Accordingly, with the above direction, the instantwrit petition stands disposed of.

(Shailendra Singh, J)