IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.417 of 2011
KRISHNA CHANDRA PRASAD SINGH
Versus
THE STATE OF BIHAR & ORS
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02 18.01.2011 Mr. Sandeep Kumar, learned counsel for the
petitioner and Mr. Yogendra Prasad Sinha, learned Additional
Advocate General no. 15 are present.
Petitioner is the son of one late Dasrath Prasad
Singh. It is the stand of the petitioner that a ceiling proceeding
was initiated against his mother namely, Savitri Devi vide
Ceiling case no. 5 of 1975-76, in which seven units were granted
to the family including one to petitioner, namely, Krishna
Chandra Prasad Singh as would be apparent from notification
issued under Section 11 (1) of the Bihar Land Reforms
(Fixation of Ceiling Area and Acquisition of Surplus Land) Act
(hereinafter referred to as the ‘Act’) published in the District
Gazette on 1st November, 1984 (Annexure-1). Referring to page
19 of the said notification, it is submitted that the petitioner was
allowed to retain 17. 57 acres of land appertaining to Tauzi no.
799, Zamabandi no. 621 (wrongly incorporated in the
notification as khata no. 799 and khesra no. 621) situated in
Mauza Pathuwa in the district of Begusarai. It appears the said
Mauza has now fallen in the District of Lakhisarai.
An interlocutory application being I.A. No. 377 of
2011, has been filed on behalf of the petitioner seeking
impleadment of some other co sharers as writ petitioners.
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Learned counsel for the petitioner has taken a fair stand that, if
necessary, he would file separate writ petition(s) so far as other
co sharers are concerned. The present interlocutory application
may be treated as a supplementary affidavit to the present writ
petition. Referring to the averments made in the supplementary
affidavit, it is submitted that the respondents (Lakhisarai
Administration) are issuing purcha(s) after purcha(s) in respect
of large tract(s) of land located in Mauza Pathuwa which
included the lands of the petitioner appertaining to Tauzi no. 799
Jamabandi no. 621(wrongly incorporated in the notification as
khata no. 799 and khesra no. 621). Referring to annexure-2
series, it is submitted that lands which were allotted to the
petitioner by reason of the said land Ceiling case are being
settled with some other persons. Annexure 2 series are some of
the purcha(s), column no.1 whereof indicates name of the
petitioner or her mother as the land holder. It is the stand of the
petitioner that by issuance of such purcha(s) he is now
threatened with dispossession at the hands of these settlees.
Let the State respondents file detailed counter
affidavit in the case within 04 weeks from today.
This matter shall be posted after 06 weeks under
the same heading
Till the next date of hearing, status quo so far as the
land(s) claimed by the petitioner appertaining to Tauzi no. 799,
Zamabandi no. 621 measuring an area of 17.57 acres in Mauza
Pathuwa in the District of Lakhisarai ( wrongly incorporated in
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the notification issued under Section 11(1) of the act as khata
no. 799 and khesra no. 621), shall be maintained.
Let a copy of this order be handed over to learned
Additional Advocate General no. 15.
Sym ( Kishore K. Mandal, J.)