Vishweshwarendra Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1966 of 2024 ====================================================== Vishweshwarendra Shahi S/o Late Vijayeshwarendra Shahi, Resident of Village-Majhagarh, P.S. Manjha, District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Gopalganj.

4.

The Additional Collector Land Reforms, Gopalganj. 5.

The Deputy Collector Land Reforms, Gopalganj. 6.

The Sub Registrar, Registration Office, Gopalganj. 7.

The Anchaladhikari Anchal Office, Manjha, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Narayan Choudhary, Advocate Mr.Vijay Kumar, Advocate Mr. Aniket Kumar, Advocate Mr. Brahmanand Kumar, Advocate For the Respondent/s :

Mr. Addl. Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been preferred for the following relief(s):

(i) for a direction to the RespondentState for issuance of rent receipts as well as Land Possession certificate with regard to the land in question, situated at Village and Anchal-Manjha Garh in the district of Gopalganj, bearing its Khata No.846, as under the instruction of Respondent State, the Anchal Officials have not

Patna High Court CWJC No.1966 of 2024(2) dt.16-05-2024 2/3 only stopped issuing rent receipts and land possession Certificate in the name of this petitioner and his family members against the land belonging to this khata rather have cancelled the applications for getting their names mutated on behalf of the purchasers, who have purchased their lands belonging to aforesaid Khata No. 846, mentioned as "Gair Mazarua Malik" in the record of rights; (ii) for a direction to the Respondent State to grant permission to the petitioner to execute sale deed or any other necessary documents relating to the lands belonging to Khata No.846 of aforesaid Mauza, regarding which a list has been displayed over the Notice Board in the office of Sub Registrar, Gopalnganj restraining the officials from executing any sale deed relating to Khata No. 846.

3. The petitioner earlier moved before this Court in C.W.J.C. No. 4687 of 2023 which was disposed of on 24.08.2023 with specific direction to the Collector, Gopalganj to pass reasoned and speaking order within a period of 10 weeks from the date of production of the order.

4. In this writ petition, he has submitted that the Collector, Gopalganj has not passed any order.

5. Though the Collector, Gopalganj filed a counter affidavit, has not answered whether an order has been passed

Patna High Court CWJC No.1966 of 2024(2) dt.16-05-2024 3/3 by him pursuant to the direction of the High Court or not ?

6. Learned counsel for the petitioner admits that the natural recourse in that case was to file a contempt petition against the Collector, Gopalganj as he has fairly violated the order passed by the High Court in C.W.J.C. No. 4687 of 2023. As such, he submits that he shall be filing an appropriate petition immediately.

7. Granting such liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U