Sanmatiya Devi @ Sonmatiya Devi v. The State of Bihar

Pappu Yadav S/o Shrikant Yadav Resident of Village- Hathaujji Eklam, P.S.- Nautan, District- Siwan Shrikant Yadav S/o Late Yamuna Yadav Resident of Village- Hathaujji Eklam, P.S.- Nautan, District- Siwan

9. Gaya Yadav S/o Khobari Yadav Resident of Village- Hathaujji Eklam, P.S.- Nautan, District- Siwan

10. Jayanath Yadav S/o Khobari Yadav Resident of Village- Hathaujji Eklam, P.S.- Nautan, District- Siwan

11. Rabhakant Yadav S/o Late Yamuna Yadav Resident of Village- Hathaujji Eklam, P.S.- Nautan, District- Siwan ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI Mr.Satish Kumar Sinha, Advocate Mr.Majid Mahboob Khan, AC to AAG12 : : 2 30-08-2025 A prayer is made on behalf of the petitioner for ORAL ORDER adjournment.

2. This Court refuses to grant adjournment and takes up the matter for hearing.

3. I have heard the learned Advocate for the petitioner Patna High Court CWJC No.13646 of 2025(2) dt.30-08-2025 and the learned Advocate on behalf of the State/respondents.

4. It appears from the record that the private respondents were not notified. However, this Court is of the view that without sending notice to the private respondents, the grievance of the petitioner raised in the instant writ petition can be redressed.

5. It is contended on behalf of the petitioner that the petitioner was allotted a peace of land by the State of Bihar under Patta Case No. 167 of 1970-71. The petitioner constructed a house on the said land and resided there for decades. Subsequently, the house of the petitioner was described due to natural wear and tear and she wanted to raised construction over the said land.

6. Taking advantage of his old age and hapless condition, the Private Respondent Nos. 4 to 8 forcibly encroached the petitioners land and started illegal construction thereon. They also physically threaten the petitioner and her daughter

7. It appears from the writ petition that the petitioner did not make any complaint before the competent authority i.e., DCLR under Section 4 of the Bihar Land Disputes Resolution Act, 2009. Patna High Court CWJC No.13646 of 2025(2) dt.30-08-2025

8. Section 4 of 2009 Act runs thus:- “4. Jurisdiction and authority to resolve disputes. (1) The Competent Authority shall have jurisdiction and authority to hear and adjudicate, on an application or complaint or on any application referred to by a Prescribed Authority or officer, any issue arising out of following types of disputes: (a)Unauthorised unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him under any Act contained in Schedule-1 to this Act by issuance of any settlement document/parcha by a Competent Authority; (b)Restoration of possession of settled/allotted land in favour of legally entitled settlee/allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession; (c)Threatened dispossession of a legally entitled settlee/allottee; (d)Any of the matters enumerated in (a), (b) and (c) above appertaining to raiyati land; (e)Partition of land holding; (f)Correction of entry made in the Record of Rights including map/ survey map; (g)Declaration of the right of a person; (h)Boundary disputes; (i)Construction of unauthorized structure; (j)Lis pendens transfer. (2)The Competent Authority shall not have jurisdiction to review or reopen any finally concluded and adjudicated proceeding under any of the Acts contained in Schedule-1. The Competent Patna High Court CWJC No.13646 of 2025(2) dt.30-08-2025 Authority shall exercise his authority for resolving the dispute brought before him on the basis of any final order passed by any of the authorities empowered to do so in the Acts contained in Schedule-1 of this Act. (3)The Competent Authority shall not have jurisdiction to adjudicate any fresh rights of allottee/settlee or a raiyat which is not yet determined and is required to be determined in accordance with provisions contained in any of the Acts contained in Schedule-1:Provided that where rights of allottee/settlee or raiyat are already determined under any of the Acts contained in Schedule-1, the Competent Authority shall have jurisdiction to entertain cases appertaining to matters enumerated in sub-section (1). (4)Notwithstanding anything contained in sub-section (2) and (3) hereinabove, if no provision is made in any of the Acts contained in Schedule-1 for determination of rights of allottee/settlee or raiyat and claimed right is yet to be determined, it shall be open to the Competent Authority to finally determine such right. (5)The Competent Authority, wherever it appears to him that the case instituted before him involves complex question of adjudication of title, he shall close the proceeding and leave it open to parties to seek remedies before the competent Civil Court.”

9. A plain reading of Section 4 goes to suggests that the petitioner is having the right to file an application and compliant before the prescribed authority or officer raising the dispute relating to unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with Patna High Court CWJC No.13646 of 2025(2) dt.30-08-2025 or allotted to him or under any Act or policy of State or Central Government providing for settlement of Government land to the persons of any specified category. Restoration of the possession of settled and allotted land upon adjudication of unauthorized and unlawful dispossession.

10. Thus, Bihar Land Dispute Resolutions Act, 2009 provides efficacious relief to the petitioner and the instant writ petition is disposed of giving liberty to the petitioner to take appropriate step by filing an application before the DCLR under Section 4 of the said Act within 21 days from the date of this order and if such application is filed, the DCLR shall dispose of the same after serving notice to the respondents within 8 weeks from the date of communication of the order. uttam/- U (Bibek Chaudhuri, J)