SHAMBHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, the petitioners are challenging the order dtd. 29/3/2019 passed by learned Member (Judicial), Bihar Land Tribunal, Patna in B.L.T. Case No.177 of 2017, by which the B.L.T. Case No. 177 of 2017 filed by the petitioners has been dismissed by the Tribunal. The petitioners are also challenging the order dtd. 21/12/2015 passed by the Divisional Commissioner, Munger, in B.L.D.R. Appeal No.176 of 2015, by which the learned Commissioner has set aside the order dtd. 20/2/2014 passed by the learned D.C.L.R. Khagaria and directed him to make demarcation of the land in dispute in presence of the Circle Officer.

(2.) In the present case, the dispute relates to Khata No.27, Plot No.291, area 1 Bigha and 8 Dhoors as well as Khata No.55, Plot No.317 area 8 khata situated at Mauza- Chak Husaini, P.S.-Mansi, District- Khagarai. Initially, the respondent no.5 filed an application before the Circle Officer, Mansi, for demarcation of the aforesaid land and to fix boundary over the same to resolve the boundary dispute. The Circle officer, after notice, deputed the Anchal Amin for measurement of the land but the petitioners objected the same. Thereafter, the respondent no.5 filed B.L.D.R. Case No.106 of 2014-15 before the D.C.L.R. Khagaria, who vide order dtd. 20/2/2014 dismissed the application stating there in that the matter involves complex question of title, so the aggrieved party should go before the competent civil Court. Being Aggrieved by the order dtd. 20/2/2014 passed by the D.C.L.R. Khagaria, the respondent no.5 filed an application before the Divisional Commissioner, Munger, which was numbered as B.L.D.R. Appeal No.176 of 2015. The Divisional Commissioner vide order dtd. 21/12/2015 allowed the appeal and directed for demarcation of the land and fixing the pillar over the same in presence of Circle Officer, Khagaria and Anchal Amin. Against the order of the Divisional Commissioner dtd. 21/12/2015, the petitioners filed B.L.T. Case No. 177 of 2017. The Tribunal vide order dtd. 29/3/2019 dismissed the B.L.T. Case No.177 of 2015. Hence, this writ petition.

(3.) Learned counsel for the petitioners submits that the Tribunal in its order has noted the arguments of the respondents that this case is squarely covered by the judgment of this Court rendered in the case of Maheshar Mandal and Anr. vs. The State of Bihar and Ors. reported in 2014(3) PLJR 281 wherein it has been held that claim over a disputed property regarding right, title and interest can only be entertained or decided by the competent authority. The said order was challenged before the Hon'ble Supreme Court and the Hon'ble Supreme Court after hearing the parties has remanded the matter before this Court for fresh consideration and upon re-examination of the case of Maheshwar Mandal (supra), the Division Bench of this Court reiterated its earlier view which is reported as 2018 (3) PLJR 1007.