Yashwant Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4148 of 2024 ====================================================== Yashwant Kumar Mandal Son of Late Ram Chandra Mandal, Resident of Mohalla-Balbhadrapur, N.P. Mishra Chowk, P.S.-Laheriasarai, District Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Land and Revenue, Old Secretariat, Govt. of Bihar, Patna.
3.
The Commissioner, Darbhanga Division, Darbhanga. 4.
The Collector, Darbhanga.
5.
The District Development Commissioner, Darbhanga. 6.
The Sub Divisional Officer, Darbhanga.
7.
The Circle Officer, Sadar Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Sr. Advocate Mr. Ugranath Mallik, Advocate For the Respondent/s :
Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2024 Heard learned Senior counsel for the petitioner and the State.
2. The present writ petition has been preferred for the grant of following relief/s:- "That this is an application for issuance of a writ in the nature of certiorari for quashing the order dated 02.01.2024(Annex.-11) passed by Learned Collector, Darbhnaga in Jamabandi Cancellation Case No.01/2024 by which the Respondent No.4 i.e. Collector, Darbhanga in
Patna High Court CWJC No.4148 of 2024(2) dt.24-06-2024 2/3 one hand issuing the notice to the petitioner and on other hand directed the Respondent No. 7 i.e. Circle Officer, Sadar Darbhnaga to change the nature of land in question before the passing the order on 19.12.2022 by the Learned Additional Collector, Darbhnaga and also issuance of the writ of mandamus directing/commanding the respondent authorities to not to disturb the petitioner's possession or not to change /alienate the nature of land in question without hearing the parties and available records."
3. It is the contention of the learned Senior counsel that an order was passed on 19.12.2022. It was challenged belatedly in January, 2024 in which, interim protection order was passed by the Collector on 02.01.2024.
4. Learned State counsel points out that it was an interim protection and meanwhile the opposite party (petitioner herein) was also noticed.
5. On instruction, learned Senior counsel submits that they have appeared in the said Jamabandi Cancellation Appeal Case No. 01 of 2022.
6. In that view of the fact that the petitioner has already appeared and there is an interim order dated 02.01.2024,
Patna High Court CWJC No.4148 of 2024(2) dt.24-06-2024 3/3 it is expected that the Collector, Darbhanga (respondent no. 4) will take up the matter and dispose it of expeditiously and in any case within a period of four months from the receipt of the copy of this order.
7. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U