Satyanarayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11082 of 2018 ====================================================== Satyanarayan Singh S/o Chandradip Yadav R/o Village- Kaithi Mathiyapur, P.S.- Brahmpur, Distt.- Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Additional Collector, Buxar 3.

The Sub-Divisional Officer, Dumraon, Buxar 4.

The Deputy Collector, Land Reforms, Dumraon, Buxar. 5.

The Circle Officer, Brahmpur, Buxar 6.

Shivjee Yadav S/o Saryu Yadav R/o Village- Kaithi Mathiyapur, P.S.- Brahmpur, District- Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan -SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 29-10-2024 In the instant petition, petitioner has prayed for the following relief(s):- "For issuance of an appropriate writ/s, order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents not to fix rent with respect to a land measuring 4 Acre 20 dec. appertaining to Khata No. 719, Khesara No. 3828, 3835, 3821 situated in mauza Kathi P.S.- Brahmpur, District- Buxar which has recorded as Anabad Sarva Sadharan land in Revisional survey Khatiyan.

Patna High Court CWJC No.11082 of 2018 dt.29-10-2024 2/3 Further the respondents may also be directed to reject the proposal regarding fixationh of rent with respect to the aforesaid land made by the Circle Officer, Brahmpur."

2. Learned counsel for the petitioner submitted that the land in question is a Anabad Sarvasadharan land and the same cannot be settled in favour of any one. He further submitted that the order for fixation of rent of such land is contrary to the circular issued by the department of Revenue and Land Reforms, Bihar, Patna. It is further submitted that petitioner has represented the matter before the Circle Officer, Brahmpur, Buxar and also before the D.C.L.R., Dumraon, Buxar, but the same has not been decided till date.

3. Learned counsel for the State submitted that petitioner has no locus to represent the grievance in respect of the land in question since the land is Anabad Sarvasadharan land generally used by public. Learned counsel submits that on the above score, the present writ petition is not maintainable.

4. Considering the facts and circumstances of the case and the arguments advanced on behalf of both the parties, the present writ petition is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance, which has been raised by the petitioner in the present

Patna High Court CWJC No.11082 of 2018 dt.29-10-2024 3/3 writ petition, within a period of four weeks from the date of receipt of a copy of this order. The concerned authority is directed to consider and dispose of the grievance of the petitioner after giving him due opportunity, expeditiously, within a reasonable period.

(Alok Kumar Pandey, J) mcverma/- AFR/NAFR NAFR CAV DATE Uploading Date 30.10.2024 Transmission Date