Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8857 of 1994 ====================================================== 1. (a) Most. Janki Kuer, wife of Late Lal Saheb Tiwari (b) Narendra Tiwari (c) Dharmendra Tiwari @ Shailendra Tiwari Both sons of late Lal Saheb Tiwari (d) Gita Devi, D/o- Late Lal Saheb Tiwari, wife of Binod Rai (e) Meera Devi, D/o-Late Lal Saheb Tiwari w/o- Shailendra Mishra. 2. Shankar Dayal Tiwary, 3. Narad Tiwary 4. Sheo Dayal Tiwary 5. Jai Nath Tiwary Sons of Late Awadhesh Tiwary 6. Ramdeo Tiwary, son of late Jag Narain Tiwary 7. Shoe Japat Tiwary 8. Sheo Nath Tiwary 9. (a) Rameshwary Devi, wife of late Sheodeo Tiwary (b) Umesh Tiwari © Dhanesh Tiwari (d) Lachhuman Tiwari, (e) Bharat Tiwari, All sons of late Sheodeo Tiwary 10. (a) Bhagwati Devi wife of late Sheo Dayal Tiwary (b) Chhabinath Tiwary (c) Jainath Tiwary, Both sons of Late Sheo Dayal Tiwary. 11. Rangesh Tiwary, son of Late Jagbali Tiwary 12. Kamlapati Tiwary son of Meghraj Tiwary 13. Vijay Kumar Tiwary 14. (a) Hari Shankar Tiwari (b) Brahmeshwar Tiwari (c) Nanhoo Tiwari (d) Awadh Bihari Tiwari (e) Gorakh Nath Tiwari, All sons of late Nand Bihari Tiwary, All residents of village Chhotaki Nainijore, P.S.- Nainijore, District- Buxar. 15. Birendra Rai, son of Rajehdra Rai, resident of village Baruna, P.S.- Bikramganj, District- Rohtas. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Commissioner, Patna Division, Patna. 3. Charge Officer, Bhojpur and Rohtas at Arrah 4. Assistant Settlement Officer, Brahmpur Anchal, District- Buxar. 5. Sahayanand Tiwary, son of Late Jwala Prasad Tiwary. 6. Akhileshwar Tiwary 7. Satyadeo Tiwary, 8. Sarbdeo Tiwary, 9. Datatraiw Tiwary, Sons of Sahajanand Tiwary
Legal Reasoning
Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 2
Legal Reasoning
10. Sri Prakash Tiwary 11. Jai Prakash Tiwary 12. Bed Prakash Tiwary Sons of Late Atal Bihari Tiwary 13. (a) Atwariya Devi, wife of Late Lal Mohan Tiwary (b) Jitan Tiwari © Jangali Tiwary (d) Jogendra Tiwary, Sons of Late Lal Mohan Tiwary (f) Sunaina Devi, d/o- Late Lal Mohan Tiwary, (g) Usha Devi, d/o Late Lal Mohan Tiwary All resident of village Barki Nainijore, P.S.- Brahmpur, district- Buxar (h) Usha Devi, daughter of Late Lal Mohan Tiwary, resident of village Hemdapur, P.S.- Hemdapur, District- Buxar. 14. Dharamnath Tiwary son of Late Jagdeyal Tiwary 15. Mahabirjee Tiwary, 16. Thakurjee Tiwary Both sons of Late Deodhari Tiwary 17. Ramgobind Tiwary 18. Baijnath Tiwary 19. (a) Most Janki Devi, widow of late Deodhari Tiwary, resident of village Barki Nainijore, P.S.- Brahmpur, District-Buxar (b) Buchani Devi, wife of Ravi Kant Rai, and daughter of late Deodhari Tiwary, resident of village Baruna, P.O.- Sheopur, P.S.- Bikramganj, District- Rohtas. (c) Tetari Devi, wife of Suresh Pandey (d) Vijayanti Devi, wife of Bisheshwar Pandey Both daughters of Late Deodhary Tiwary, resident of village Kesari Dhangai, P.O.- Dhangai, P.S.- Dhangai, District- Bhojpur. 20. Janardan Tiwary son of Late Sankar Tiwary 21. (a) Widow of Kedar Tiwary (b) Shivanand Tiwary (c)Sheo Yogi Tiwary Sons of Late Kedar Tiwary and residents of village Barki Nainijore, P.S.- Brahmpur, District- Buxar. (d) Gita Devi (e) Usha Devi Both daughters of Late Kedar Tiwary, and residents of village Himderpur, P.O.- Gaighat via Brahmpur, District- Buxar. 22. Chhiteshwar Tiwary 23. Mahatam Tiwary sons of Late Prabhu Tiwary 24. Hiralal Tiwary 25. Malilal Tiwary 26. Chhathu Tiwary, Sons of Late Budhan Tiwary. 27. Gangadhar Tiwary son of Late Harcharan Tiwary. 28. Harendra Tiwary, 29. Gorakh Tiwary 30. Narendra Tiwary 31. Jitendra Tiwary Sons of Late Baldeo Tiwary Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 3 32. Atal Bihari Tiwary 33. Sheodhan Tiwary 34. Ramdhan Tiwary 35. Vidyanand Tiwary, Sons of late Hanuman Tiwary, 36. Triyogi Narain Tiwary 37. Jawahar Lal Tiwary, Sons of Lal Mohan Tiwary 38. Ram Prasad Bari son of Late Mangal Bari 39. Awadh Bihari iYadav son of Late Bijule Yadav 40. Bhishamdeo Tiwary, son of Late Dadhibal Tiwary All residents of village Chhotaki Nainijore, P.S.- Nainijore, District- Buxar. 41. Baijanath Tiwary, son of late Ramdeo Tiwary 42. Gupteshwar Pandey son of late Kailash Pandey 43. Sat Narain Pandey, son of Surya Bansh Pandey 44. Sibashan Tiwary, son of Baleshwar Tiwary 45. Bhudeo Yadav 46. Bhagi Rati Yadav, Sons of not known, both residents of village barki Nainijore, P.S.- Brahampur, District- Buxar. 47. Tej Narayan Tiwary, son of Raja Tiwary 48. Shrideo Tiwary, son of late Shyam Bihari Tiwari 49. Kaushal Yadav, son of Hari Yadav 50. Ram Sharan Yadav, son of Jhagru Yadav 51. Deoraj paswan, son of Mahanth Paswan 52. Kamla Tiwary, son of Nagina Tiwary 53. Deoraj Tiwary, son of Prabhu Nath Tiiwary 54. Lachuman Tiwary, son of Shankar Tiwary 55. Harihar Tiwari, son of Baleshwar Tiwary 56. Brija Yadav, son of Ramdas Yadav, Residents of village Kadam Ahir ke Dura, P.S.- Shahpur, District- Bhojpur. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.12880 of 2001 ====================================================== 1. Most. Janki Kuer, wife of Late Lal Saheb Tiwari 2. Narendra Tiwari 3. Dharmendra tiwari @ Shailendra Tiwari Both sons of late Lal Saheb Tiwari 4. Gita Devi, D/o- Late Lal Saheb Tiwari, wife of Binod Rai 5. Meera Devi, D/o-Late Lal Saheb Tiwari w/o- Shailendra Mishra. All residents of village Chhotaki Nainijore, P.S.- Nainijore, District- Buxar. 1. The State Of Bihar 2. Superintendent of Survey, Bhojpur at Arrah, District- Buxar Versus .... .... Petitioner/s Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 4 3. Settlement Officer, Bhojpur and Rohtas at Arrah, District- Bhojpur. 4. Charge officer, Bhojpur and Rohtas at Arrah 5. Assistant Settlement Officer, Brahmpur Anchal, District- Buxar. .... .... Respondent/s ====================================================== Appearance : (In CWJC No.8857 of 1994) For the Petitioner/s : Mr. Ganpati Trivedi Mr. Damodar Prasad Tiwary Mr. Tarkeshwar Pd. Verma For the Respondent/s : Mr. (Gp2) Mr. Subodh Chandra Yadav Mr. Ram Shankar Pradhan Mr. Brajesh Sharma Mr. Awadhesh Kr. Singh Mr. Rajeev Ranjan Pd. Mr. Rajendra Kr. Mr. Amod Kr. Mr. Mukesh Kumar Jha Mr. Ranjeet Kumar Singh-2 Mr. Satish Kumar Mr. Sanjay Tripathi Mr. Ravindra Kumar Roy Mr. Syed M.M.Ahsan Mr. Ashok Kumar Mr. Rakesh Kumar Mr. Ganpati Trivedi Mr. (Ga2) (In CWJC No.12880 of 2001) For the Petitioner/s : Mr. Ganpati Trivedi Mr. Damodar Prasad Tiwary Mr. Braj Bhushan Mishra For the Respondent/s : Mr. (Gp2) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27 26-06-2013 Re. I.A. No. 5121 of 2010 Heard Mr. Trivedi in support of the application and counsel for the State as well as the private respondent. The application seeks deletion of name of petitioner no. Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 5 3 (Narad Tiwary) who died during the pendency of the application and to substitute his heirs and legal representative set out in paragraph 3 of the application. It is submitted that Vakalatnama on behalf of the heirs and legal representatives has also been enclosed along with the application. Having heard the parties, the said application (I.A. No. 5121 of 2010) is allowed. Let the name of petitioner no. 3 be deleted and in his place, names of his heirs and legal representatives set out in paragraph 3 of the application be substituted. Re. I.A. No. 6604 of 2009 Heard Mr. Trivedi in support of the application and counsel for the State as well as the private respondent. The application seeks deletion of name of petitioner no. 13 (Vijay Kumar Tiwary) who died during the pendency of the application and to substitute his heirs and legal representative set out in paragraph 3 of the application. It is submitted that Vakalatnama on behalf of the heirs and legal representatives has also been enclosed along with the application. Having heard the parties, the said application (I.A. No. 6604 of 2009) is allowed. Let the name of petitioner no. 13 be deleted and in his place, names of his heirs and legal representatives set out in paragraph 3 of the application be substituted. Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 6 Re. I.A. No. 7665 of 2009 Heard Mr. Trivedi in support of the application and counsel for the State as well as the private respondent. The application seeks deletion of name of petitioner no. 7 (Sheo Japat Tiwary) who died during the pendency of the application and to substitute his heirs and legal representatives set out in paragraph 3 of the application. It is submitted that Vakalatnama on behalf of the heirs and legal representatives has also been enclosed along with the application. Having heard the parties, the said application (I.A. 7665 of 2009) is allowed. Let the name of petitioner no. 7 be deleted and in his place, names of his heirs and legal representatives set out in paragraph 3 of the application be substituted.
Decision
All the three interlocutory applications are disposed of. Heard Mr. Ganpati Trivedi learned counsel for the petitioners, counsel for the State and the private respondents. The petitioner approached this Court for the following reliefs as culled out in diverse sub-paragraphs of paragraph no. 1 which is extracted hereinbelow. “1. That this application is for issuance of an appropriate writ order or direction quashing- (1) the order dated 31.8.92 passed by the Assistant Settlement Officer (Respondent no. 4) passed in different tanajas filed by petitioners whereby he recorded the R.S. Plot Nos. 3 to 11 in the name of State of Bihar, though, Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 7 they were shown in possession of a portion of their respective claim and also whereby he refused to record the name of the petitioner no. 1 with respect to Plot No. 12. (ii) The order dated 3.2.94 passed by the Charge Officer (Respondent no. 3) whereby he confirmed the order of A.S.O. dated 31.8.92 whereby he recorded the Plot nos. 1 to 11 appertaining to Khata no. 3 in the name of State of Bihar but removed the the names of petitioners as “Dakhalkar” from “Kaifiyat” column, he also confirmed the recording of name of Madan Yadav and others and (iii) for quashing the order dated 19.7.94 of the Commissioner whereby he refused to exercise his supervisory jurisdiction as vested in him under Rule 2 of the Bihar Tenancy Rule, hereinafter referred to as the Rules A N D further commanding upon the respondents not to disturb the possession of the petitioners over the disputed land.” The issue raised in this application would necessarily involve appreciation of facts which are disputed by the respondents. It may also require appreciation of the evidence to be filed by the parties in support of their respective claims/cases. This Court feels difficulty in doing so in a writ proceeding. Mr. Trivedi submits that a forum has now been created under Bihar Land Tribunal Act, 2009 where such issues can be effectively be raised and adjudicated upon. He points out that the order impugned in this application have been passed by the concerned authority under the Bihar Tenancy Act which can be considered by the Forum created under the said Act. If that be so, this Court would permit the petitioners to Patna High Court CWJC No.8857 of 1994 (27) dt.26-06-2013 8 approach the Tribunal constituted under the said Act for ventilation of their grievances. If any such application is filed, the Tribunal constituted under the Act shall consider the same and dispose of in accordance with law. Let it be recorded that counsel for the respondents has raised some doubt about the maintainability of the matter before the Tribunal. This Court, in view of the aforesaid, clarifies that the order present should not be construed that the Tribunal shall necessarily have the jurisdiction in the matter. It will be open for the said Tribunal to decide this aspect of the matter as and when the petitioners approach the said Tribunal for resolution of the dispute. Needless to further observe that in case a dispute is raised by the petitioners before the Tribunal within a reasonable time and the question of limitation is involved/raised the said Forum/Tribunal shall take into consideration the fact that the petitioners had been bona fidely pursuing the present proceeding in this Court. Pankaj/- (Kishore Kumar Mandal, J)