SAKALDEEP PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GP 15 for the State.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner has alleged that he was settled 10 decimals of land by issuance of Basgit Parcha under the Bihar Privileged Persons Homestead Tenancy Act, 1947. It was submitted that the respondent no. 4 filed Basgit Parcha Revision Case No. 13 of 2015, before the Collector, Madhepura against such settlement. It was submitted that the same was decided in favour of the petitioner by order dated 27.12.2017. Learned counsel submitted the respondent no. 4 thereafter moved before the Bihar Land Tribunal (hereinafter referred to as the 'Tribunal") in BLT Case No. 545 of 2018 and by order dated 15.11.2019, though the matter has been remanded to the Court of Circle Officer, Alamnagar for verifying facts after holding spot verification but there is no direction to pass a fresh order and the Basgit Parcha issued to the petitioner by order dated 05.10.2013 passed by the Circle Officer, Alamnagar in Basgit Parcha Case No. 66 of 2013-14 as well as the order dated 27.12.2017, passed by the Collector, Madhepura in Basgit Parcha Revision Case No. 13 of 2015 in favour of the petitioner, had been set aside. Leaned counsel submitted that once the Tribunal has remanded the matter for spot verification and has set aside the order in favour of the petitioner, the authority despite having carried out the exercise is not passing any consequential order ostensibly on the ground that there is no such direction in the order of the Tribunal dated 15.11.2019. Learned counsel submitted that all field reports are in his favour and he is also in possession, but because of such order of the Tribunal, there is no order in his favour operating which would result in ultimate eviction of the petitioner from the land in question.