Shree Brajendra Nath Pandey @ Brajendra Nath Pandey v. State of Bihar
2024-01-12
PRABHAT KUMAR SINGH
body2024
DigiLaw.ai
ORDER Heard learned counsel for the parties. 2. This writ application has been filed for issuance of a writ of mandamus commanding the respondent authorities, especially the respondent No. 9 (the Circle Offier Tarari Circle Bhojpur), to measure the chakbandi (PHIRNI) road as well as the agricultural land of the petitioner arising to Mauja Parariya, Thana No. 135., Khata No. 21, Khesra No. 142 and 146, Anchal- Tarari, District-Bhojpur, Bihar wehreby, and where under the same, the dictatorial persons of said village (respondent No. 15, 16, and 17) are encroaching the Chankandi PHIRNI road in question. However, the petitioner has deposited the cost of measurement of the land in question with the respondent authority and taken appropriate steps for the early disposal of measurement case No. 07/2021-2022. 3. At the outset, learned counsel for the petitioner requests to dispose of the present writ petition with liberty to move before the appropriate authority i.e,. the Deputy Collector Land Reforms/Sub-Divisional Officer and his nature of grievance falls under Section 118 (3) of Bihar Tenancy (Amendment) Act 2017 which reads as: – 3. Addition of new sections in the Act 1885. – The following new sections 158-C and 158-D shall be added after Section-158B of the said Act 1885 "158(C) Fixation of rent – (1) The power of fixing rent of Belagan /Kabil Lagan land, whose rent has not been fixed during Survey and Settlement operation period, shall vest in the Deputy Collector Land Reforms/Sub-Divisional Officer. (2) Sanction of rent fixation shall not be given in such cases in which Title Suit with regard to the holding or a part thereof is pending in the competent Court. (3) Sanction of Rent fixation shall also not be given of a holding or a part thereof, in which acquirer of an interest in the holding or part thereof have not physical possession over the holding or a part thereof. "158(D) Appeal. – (1) An appeal against the order of the Land Reforms Deputy Collector/Sub-Divisional Officer shall lie before the Additional Collector/ Collector within 60 (sixty) days from the date of order. (2) The Additional Collector/Collector may, if he is satisfied that there are sufficient reasons for the delay, condone the delay in filing appeals.
"158(D) Appeal. – (1) An appeal against the order of the Land Reforms Deputy Collector/Sub-Divisional Officer shall lie before the Additional Collector/ Collector within 60 (sixty) days from the date of order. (2) The Additional Collector/Collector may, if he is satisfied that there are sufficient reasons for the delay, condone the delay in filing appeals. (3) The Additional Collector/Collector shall not pass any order modifying, altering or setting aside the order appealed against unless a reasonable opportunity of being heard has not given to the concerned parties. (4) Disposal of appeal relating to a rent fixation shall be made within 60 (sixty) working days from the date of filing of appeal. 4. In view of nature of the grievance of the petitioner, he is at liberty to seek remedy before the appropriate forum available to him in accordance with law. 5. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India . 6. This writ petition is accordingly disposed of with the aforesaid observations.