Yashwant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2349 of 2023 ====================================================== Yashwant Singh, Son of Sri Vishnudeo Narayan Singh, Resident of MohallaJay Prabha Nagar, Ward No. 30, Kayasta Tola, P.S. and District- Saharsa, Permanent Resident of Village- Biratpur, Ward No. 8, P.S. Sonvarsa Raj, District- Saharsa.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The District Magistrate-cum-District Registrar, Saharsa. 3.
The Sub-Registrar, Saharsa Registration Office, District- Saharsa. 4.
The Circle Officer, Kahara, District-Saharsa. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra, Advocate For the Respondent/s :
Mr.Rishi Raj Sinha (SC19) Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 11-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ application has been filed for a direction to the respondent to exclude the land of the petitioner from the list of lands standing in the name of the State of Bihar in the revisional survey as the lands in question of the petitioner have wrongly been added in this list and also allow the petitioner to sale the land in question.
3. Learned counsel for the petitioner submits that the father of the petitioner had purchased the land in question, in the
Patna High Court CWJC No.2349 of 2023 dt.11-07-2023 2/3 year 1995, which is alleged to be raiyati land bearing Khata No. 2204 (old), 810 (new) area 3 Kathas situated in Mauza-Saharsa.
4. Learned counsel for the petitioner submits that after the purchase of the land, the petitioner's name was entered in the list and he started to pay rent against which rent receipts have been issued favor of the petitioner. He further submits that the petitioner is in dire need of money and, therefore, he wants to sell his purchased land upon presentation of the documents. But, it has been informed to him that a notice restraining to sell the land in question, has been published. He further submits that upon getting the said knowledge, the petitioner filed a representation before the Collector, Saharsa whereupon, the Collector, Saharsa issued a letter to the Circle Officer, Kahra on 04.08.2022 directing him to submit a report with regard to the nature of the land after inquiry, but till date, no action has been taken. He further submits that the petitioner may be directed to represent afresh before the Collector and the Collector may be directed to pass a reasoned order on the representation of the petitioner within a fixed period.
5. Without expressing any opinion on the merit of the case, this Court directs the petitioner to represent afresh within four weeks from today for redressal of his grievances before
Patna High Court CWJC No.2349 of 2023 dt.11-07-2023 3/3 respondent No. 2, namely, the District Magistrate-cum- District Registrar, Saharsa, whereupon, the Collector, Saharsa is expected to pass a reasoned and speaking order on the representation of the petitioner within four weeks thereafter.
6. With the above observation and direction, the writ petition stands disposed of.
(Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.07.2023 Transmission Date NA