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Patna High CourtCWJC/6643/2017disposed

Kamlesh Jha v. The State Of Bihar And ORS

2024-07-30Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6643 of 2017 ====================================================== Kamlesh Jha Son of Late Abhinandan Jha, Resident of VillagePost- Chainpur, P.S.- Bangaon, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Collector, Saharsa.

3.

The Deputy Collector, Land Reforms, Simari Bakhtiyarpur, DistrictSaharsa. 4.

The Circle Officer, Simri Bakhtiyarpur, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 30-07-2024 Heard learned counsel for the parties.

2. In the present writ petition, the petitioner has prayed for following relief:- "That this writ application is being filed for a direction to the respondents authorities particularly the Respondent Circle Officer, Simari Bakhtiyarpur to dispose of Misc. Case No. 2 of 2013-14 relating to correction in Jamabandi which is pending since long.

And/or any other relief/, writ/writs, order/orders, direction/ directions, for which

Patna High Court CWJC No.6643 of 2017 dt.30-07-2024 2/3 the petitioners are found to be entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioner, at the first instance, submits that the petitioner has filed a petition bearing Misc. Case No. 2/2013-14 before the Deputy Collector Land Reforms, Simari, Bakhtiyarpur for making necessary correction in his Jamabandi but, the same was transferred to the office of the Circle Officer, Simari, Bakhtiyarpur and, till date, it is pending and has not been finalized as yet. He further submits that the petitioner has also filed a representation dated 17.02.2017 before the Circle Officer, Simari Bakhtiyarpur for disposal of the aforesaid Misc. Case No. 2/2013-14 but, the same is also pending and no action has been taken as yet.

4. A counter affidavit has been filed on behalf of the respondent nos. 2 to 4. In Para-10 thereof, it has been stated that the petition regarding correction filed by the petitioner has been sent to the Additional Collector, Saharsa, who is the competent authority. In Para-11, it has also been stated that after filing of the representation on 17.02.2017 regarding deposing of the Case No. 2/213-14 before the Circle Officer, Simri Bakhtiyarpur, the Circle Officer, Simri Bakhtiyarpur has sent the case to the Additional Collector, Saharsa who is the competent authority.

Patna High Court CWJC No.6643 of 2017 dt.30-07-2024 3/3

5. Having heard learned counsel for the parties, this Court, in the interest of justice, directs the Additional Collector, Saharsa to dispose of the petition filed by the petitioner being Misc. Case No. 2/2013-14 as early as possible preferably within a period of two months from the date of receipt/production of a copy of this order.

6. With the aforesaid observation/direction, this writ petition stands disposed of.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.08.2024 Transmission Date