Arbind Kumar v. The State Of Bihar

For the Petitioner/s : Mr. Satyendra Narayan Singh & Mr. Shambhu Sharan Kumar For the State : Mr. Ajay SC-11 & Mr. Pratik Sinha, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 2 24-06-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated

14.11.2011 passed by the Deputy Collector, Land Reforms, Begusarai by which he has disposed of the case filed by the petitioner holding that the matter pertains to the High Court and is therefore beyond his jurisdiction and has directed the parties to place their case before the competent Court. 2 Patna High Court CWJC No.13021 of 2012 (2) dt.24-06-2013 Earlier this petitioner had filed CWJC No. 2089/2002 for quashing the order dated 16.6.2002 passed by the Circle Officer, Khodabandpur by which it was decided that the respondent no. 3 had every right to make construction over the land in his possession and also the order dated 27.1.2001 passed by him by which he deputed a Magistrate for giving possession over the land being Khata No. 304, Kheshra No. 292 to the respondent no.3. The orders dated 16.6.2002 and 27.1.2001 were quashed but the said matter was not decided by this Court on the merits rather on the jurisdiction of the Circle Officer to pass the orders in question. It is thus submitted by learned counsel for the petitioner that there has been failure on the part of the competent authority under the Bihar Land Dispute Resolution Act, 2009 in exercising his jurisdiction under the said Act. Such issues on the merits cannot be normally decided by this Court in its writ jurisdiction. The writ application is, accordingly, allowed. The order dated 14.11.2011 is quashed and the matter is remanded to the competent authority under the Bihar Land Disputes Resolution Act, 2009 to consider the matter in accordance with law. If it is found by the competent authority that any complex question of adjudication of title is involved then appropriate guidelines in this regard is to be found in Section 4 of the Act itself. S.Pandey/- (Ramesh Kumar Datta, J)