ABHAY CHANDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The eleven petitioners, by this writ petition, have challenged the jurisdiction of DCLR, Sasaram to entertain the proceedings as initiated before him by private respondents No 9 to 14. Respondents No 11 to 14 are sons of respondents No 9 and 10 who are husband and wife. Therefore, the private respondents are one family of father, mother and four sons.

(2.) Shri Kamal Nayan Choubey, learned Senior Counsel appearing for the writ petitioners submits that the nature of dispute that has been placed before the DCLR purporting to be under the provisions of the Bihar Land Dispute Resolution Act, 2009 cannot be and ought not to be permitted to be entertained. When the writ petition was filed, an interim order restraining DCLR was passed. Later on, it is alleged that after the order was passed, DCLR passed a backdated order allowing the application of the private respondents and directing the eviction of the petitioners. Pursuant to notice, the private respondents appeared. Shri Shashi Shekhar Dwivedi, learned Senior Counsel appearing for the private respondents has tried to raise an issue that the dispute relates to certain plots of land and petitioners do not claim any right over certain plots. Writ petition ought not to be entertained. He further submitted that the DCLR, having now passed the final order, the petitioners must go in appeal and for that reason also, the writ petition must not be entertained. Counter affidavits and rejoinders have been filed. With consent of parties, the writ petition was heard for its final disposal at this stage itself.

(3.) Having considered the matter I find this is one of the cases which is exemplary of abuse of power and position. This shows how conferment of such far reaching powers on executive, untrained in law, leads to total miscarriage of justice. Undisputed facts would show the same.