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ALOK KUMAR PANDEY
Sudeep Paroi @ Sudeep Kumar Paroi Son – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—In the instant petition, petitioner has prayed for the following relief(s):—
i. For issuance of writ in the nature of mandamus directing the official respondents to comply the order of the learned DCLR, Barsoi and forthwith vacate the land in favour of the petitioner.
ii. For issuance of any other appropriate writ(s) or order(s) or direction(s) which may be deemed fit and proper in the facts and circumstances of the case.
2. Briefly stated facts of the present case is that land in question was settled in favour of Timir Kant Paroi, father of the petitioner in the year 1976. Out of 26 decimal land, 4 decimal of land of petitioner have been encroached by the private respondents no. 5 and 6 in the year 2018-19. The petitioner and other filed BLDR Case No. 103/ 2018-19 before the DCLR, Barsoi to remove encroachment from the land of the petitioner. The DCLR after hearing both the parties ordered to get the land measured and to demarcate the same between the parties and put the petitioner and other in possession thereof. In pursuance of order dated 12.07.2019 passed by the DCLR, Barsoi notice was issued to the petitioner and private respondents.
3. Learned counsel for t
The competent authority under the Bihar Land Disputes Resolution Act, 2009 must resolve unauthorized dispossession disputes.
The authority under the Bihar Land Disputes Resolution Act must expeditiously resolve disputes of unlawful dispossession.
The main legal point established in the judgment is that the Bihar Land Disputes Resolution Act, 2009 is intended to resolve disputes arising under specific Acts mentioned in Schedule-1, and applicat....
The court reinforces the principle that a writ petition should not be entertained when an alternative efficacious remedy is available.
Administrative proceedings cannot proceed when a related Title Suit is pending in civil court, emphasizing the precedence of judicial processes.
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