Sitendra Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5077 of 2017 ====================================================== Sitendra Prasad Yadav S/o Biraji Yadav, R/o Village-Guriya, P.S.-Jadiya, DistDupaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Land Reforms Department, Bihar, Patna. 3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Magistrate,Supaul.

5.

The Additional District Magistrate ADM, Supaul. 6.

The D.C.L.R. Triveniganj, Supaul.

7.

THe Sub-Divisional Officer, Triveniganj, Dist.-Supaul. 8.

The Circle Officer, Triveniganj, Dist.-Supaul. 9.

Arun Kumar Thakur, S/o Late Navi Thakur, R/o Vill-Guriya, P.S.-Jadiya, Dist-Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Manoj Kumar Sinha- SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2024 No one represents the petitioner though the State is present.

2. The present petition has been preferred for the following reliefs:

(i) for quashing the 16.08.2016, passed in case no. 86/2016/02/1516/ issued by the Additional Collector, Supaul. By which objection has been initiated in

2/4 Jamabandi cancellation proceeding the over land in question which had been owned and possessed since 1964;

(ii) for quashing the impugned notice dated 29-08-2015, issued by Circle Officer, Triveniganj in Dakhil Kharij Case No. 16/15-16 so far as petitioner is concerned, by which objection has been invited with regard to mutation of land described in the notice which is without Jurisdiction as the Jamabandi is going on in the name of father of petitioner since long back 1966 such as the running Jamabandi cannot be cancelled by the Circle Officer even by the Collector as law and ratio decided in Case of Khiru Gope V/s the D.C.L.R., Jamui reported in 1983 P.L.J.R.-727;

3/4 (iii) further for a direction to the respondent authority not to disturb the physical possession of the land described as follows:

Mauza Thana No. Khata No. Khesra No. Area B.KD. Kukurdhari 279 299 1867 1-3-01 Kukurdhari 279 299 1868 0- 4-02 Kukurdhari 279 299 1869 0-4-03 Kukurdhari 279 299 1862 0-15-03 Kukurdhari 279 299 1870 0-15-01 Kukurdhari 279 299 1883 0-04-15 (iv) further during pendency of the writ petition further proceeding of Dakhil Kharij Case No.06/16-16 pending before Circle Officer, Triveniganj and Case No.

86/2016/02/15-16 pending before A.D.M., Supaul, may be stayed;

(v) for direction to issue rent receipt in favour of the petitioner as it has been issued since long back;

(vi) to grant any other relief(s) for which the petitioner is entitled to get the eye of law.

3. Learned State Counsel pointed out that the

4/4 petitioner has rushed to the Court challenging the notice issued by the Additional Collector, Supaul instead of putting in his reply.

4. Though, this case is fit to be dismissed, as no one has appeared, the same is dismissed for non-prosecution. (Rajiv Roy, J) Ravi/- U