IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15070 of 2023

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Gagandev Paswan Son of Late Dahaur Paswan @ Bahadur Paswan Resident

of Village- Shyampur, P.S.- Adapur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue

and Land Reforms, Government of Bihar, Patna.

2.

The Divisioal Commissioner, Tirhut Division, Muzaffarpur.

3.

The District Magistrate, East Champaran, Motihari.

4.

The Circle Officer, Anchal- Adapur, East Champaran.

5.

The Executive Engineer, Water Resources Department, Ghorashan Candal

Division, Raxaul.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. J.S. Arora, Sr. Advocate

Dr. Abhay Kumar, Advocate

Mr.Manoj Kumar, Advocate

For the Respondent/s

:

Mr.Sajid Salim Khan (SC-25)

Mr. Ram Pravesh Nath Tiwary, AC to SC-25

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

08-11-2023

The present writ petition has been filed

seeking the following reliefs:-

“(1)i. For setting aside the order

dated 01.09.2023 passed in B.L.T.

Case No. 477 of 2023 by the

Hon'ble Chairman, Bihar Land

Tribunal whereby and whereunder,

the said application filed by the

petitioner has been rejected by

affirming

the

order

dated

10.02.2021 passed in Bandobasti

Patna High Court CWJC No.15070 of 2023(2) dt.08-11-2023

2/3

Cancellation Appeal Case No. 03 of

2018-19 by the learned Collector,

East

Champaran,

Motihari,

cancelling the settlement of the

land having been settled in favour

of the petitioner.

ii. Also for quashing the order dated

10.02.2021 passed in Bandobasti

Cancellation Appeal Case No. 03 of

2018-19 passed by the learned

Collector, whereby the bandobasti

of land having been settled in

favour of the father of the petitioner

dated 12.07.1997 in Bandobasti

Case No. 6/90-91 has been

cancelled.

iii. In case of non-grant of relief no.

(ii) above for whatever reason, the

respondent may be directed to

settle an alternative land to the

petitioner

with

compensation

equivalent to the cost of

construction made on the land

presently settled in favour of the

father of the petitioner and not to

disturb the petitioner till alternative

land is settled and handed over and

Patna High Court CWJC No.15070 of 2023(2) dt.08-11-2023

3/3

construction made thereon.”

2.

At the outset, the learned Sr. counsel for

the petitioner seeks not to press the present writ

petition, however, seeks liberty on behalf of the

petitioner to avail such other alternative remedies,

as are otherwise available under the law, including

that of filing a suit before the Ld. Civil Court having

competent jurisdiction, for redressal of the

aforesaid grievances. Liberty, so sought, is

granted.

3.

It is needless to state that for a period of

four weeks from today, status quo existing as on

today qua the land/house of the petitioner in

question shall be maintained in order to enable the

petitioner to avail appropriate remedy, as

aforesaid.

4.

The writ petition stands dismissed as not

pressed.

S.Sb/-

(Mohit Kumar Shah, J)

U