Sheo Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7270 of 2017 ====================================================== Sheo Prasad Singh Son of Late Balli Singh, resident of village Dinara, P.O. P.S. Dinara, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Rohtas at Sasaram.

3.

The Deputy Collector Land Reforms Bikramganj, District- Rohtas. 4.

The Consolidation Officer, Bikramganj, District Rohtas. 5.

The Circle Officer, Circle Dinara, District Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 01-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief has been prayed for in paragraph no. 1 of the present writ application.

"That this is an application for issuance of an appropriate writ/writs, order(s) or direction(s) to the respondents to fix the rent of land settled to the petitioner appertaining to Mauza Dinara, Thana No. 109 Khata no. 723

2/4 Khesera No. 1754 Area 0.04 dec. and the matter is still pending with the Respondent No. 5 for final order since the year 2011."

3. Learned counsel for the petitioner submits that father of the petitioner namely Balli Singh died leaving behind this petitioner. Learned counsel further submits that petitioner's forefather had been paying the Chowkidari rent to the respondents since the year 1969 for the part of the land shown in Khata No. 723, i.e. the land in question. The father of the petitioner also approached to the Consolidation Officer, Dinara, Section 10(B) of the Bihar Consolidation Act and the Consolidation Officer while hearing the case of the petitioner as well as going through the report of the Circle Officer, Dinara passed the order dated 03.12.1983 in Case No. 9/83-84 directed the concerned Officials to make the entry of the landed area 0.04 Acre, Kheshra No. 1754 of Khata No. 723 in the name of the father of the petitioner.

Learned counsel for the petitioner further submits that from bare perusal of the order dated 03.12.1983 passed in Case No. 09/83-84 it is vividly clear that for the settlement of the said part of Khata No. 723 is pending since 1971.

3/4 possession of the land for more than 30 years. Learned counsel for the petitioner referring to paragraph no. 10 of the present application submits that Khatiyan has also been prepared in the name of the petitioner's father (Annexure-4). Learned counsel further submits that petitioner also approached the concerned authority for the fixation of rent of land part of Khata No. 723 Khesra No. 1754, Area 0.04 Acres of Mauza Dinara Thana No. 109 in view of the order passed in consolidation Case No. 09/83-84 (Annexure-5). Learned counsel for the petitioner lastly submits that he has already filed application on 15.10.2011 before the Circle Officer, Circle Dinara, DistrictRohtas(Respondent No. 5 herein) but the said application is still pending. As such, learned counsel for the petitioner prays that the same may be disposed of within a time frame.

4. Learned counsel for the State, in view of the limited prayer made on behalf of petitioner, does not object to the disposal of the application.

5. Considering the above, the Circle Officer, Circle Dinara, District- Rohtas (Respondent No. 5 herein) is directed to consider the same after perusing the documents filed on behalf of the petitioner and pass reasoned and speaking order in accordance with law within a period of two months from the

4/4 date of receipt/production of a copy of this order.

6. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/- Pankaj/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.08.2024 Transmission Date N/A