Sunita Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1259 of 2024 ====================================================== Sunita Singh wife of Ravindra Kumar Singh, Resident of Mohalla- House No. 407A, A.P. Colony, Near Ashoka Hotel, P.S.- Rampur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Tthrough its Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

2.

The District Magistrate, Gaya.

3.

The Land Reform Deputy Collector, Gaya.

4.

The Circle Officer, Town Block Gaya.

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Respondent/s :

Mr.Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2024 Heard the parties.

2. This is an application for issuance of an appropriate writ/writs order/orders directions directing the respondent authorities to open a demand register in favour of the petitioner and to fix the rent w.r.t. to the land belonging to the petitioner situated at Mauza- Alamgirpur, Revenue Thana No. 07, Plot o. 402 and 403 (Municipal Plot No. 14489-93 and 14494 (ka) and (kha measuring an area of 30.50 decimal in total as the petitioner had already given several application regarding that to the circle officer, Town Block Gaya, and as title w.r.t. the said land has already been declared in his favour by order dated 25.02.2013 passed in Title Suit No. 34/11/59/84

2/4 which has been upheld by order dated 31.03.2015 passed in Title Appeal, No. 17/14/39/13 and by order dated 23.03.2023 passed in Second Appeal No. 202 of 2015 by this Hon'ble High Court and further for any other reliefs for which the petitioner may found entitled to.

3. In course of hearing, the writ petition matters, this Court has come through number of cases in which simple application preferred before the Circle Officers are not being disposed of forcing the affected persons to knock the doors of Patna High Court for a direction to get the petition disposed of. This despite the fact that repeatedly, the State Government under the signature of its Principal Secretary, Land Reforms and Revenue Department, Bihar, Patna has issued directions to all the Revenue Officers to decide the applications/representations of an individual/citizen/affected party within a time frame.

4. In this case also, it is the case of the petitioner that on 20.06.2023, an application was preferred before the Circle Officer, Town Block, Gaya which also incorporates her earlier application dated 05.04.2022 with a prayer to recommend her document before the learned D.C.L.R. Gaya so that the rent with regard to her land be fixed (Annexure-2 to the petition).

3/4

5. Learned counsel for the petitioner submits that different documents have been annexed with the writ petition to show that Title Appeal No. 17/2014/39/2013 stands disposed of and the name of the petitioner has also been incorporated with the Gaya Municipal Corporation.

6. Learned counsel for the petitioner further submits that a perusal of the document would show that Gaya Municipal Corporation, on her application, has already issued rent receipt (Annexure-3 to the petition) and she is regularly paying the rent.

7. Learned State counsel submits that the State government repeatedly directs to the Revenue Officers to dispose of any applications/representations of the individual within a time frame.

8. In the light of the aforesaid facts, the Circle Officer, Town Block, Gaya is directed to take necessary steps on the application of the petitioner dated 20.06.2023 within a period of eight weeks from the date a copy of the order is provided to the Office and along with his comment and forward the petition which must reach the table of the Deputy Collector, Land Reforms, Gaya (respondent no.3) within the aforesaid eight weeks and who shall take necessary steps and dispose of

4/4 the case of the petitioner within a period of three months from the date such report with the comments/recommendations of the Circle Officer, Town Block, Gaya is received in his office.

9. The writ petition stands disposed of with the aforesaid observations.

10. It would be appropriate that the office communicates a copy of the order to the Office of the Additional Chief Secretary, Land Reforms and Revenue Department, Bihar, Patna for his perusal and necessary action/direction to the Revenue Officers/Circle Officers across the State so that they take up the applications/representations of an individual and dispose it of within a time frame.

(Rajiv Roy, J) Guddu/- U