Sudheer Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2501 of 2025 ====================================================== Sudheer Prasad Gupta Son of late Vishundev Prasad Gupta, permanent resident of Village- Near Gupta Gali, Birpur, ward No.- 09, Basantpur, Supaul, Bihar-854340.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The District Collector, Supaul, Bihar.

4.

The Additional District Collector, Land and Revenue, Supaul, Bihar. 5.

The Registrar, Supaul, Bihar.

6.

The Sub-Registrar Ganpatganj, Supaul, Bihar.

7.

The Circle Officer, Basantpur, Supaul, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Priya Ranjan, Advocate Mr. Sudarshan Bhardwaj, Advocate Mr. Sandeep Kumar, Advocate For the Respondent/s :

Ms. Vijya Lakshmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking a direction to the District Collector, Supaul, to withdraw the stoppage of registration or grant permission for the sale and mutation of the petitioner's plots of land bearing Khata No. 57, A. Old Khesra 50-51, New Khesra 364, Zamabandi No. 209; B. Old Khesra 49-50, Zamabandi No. 101; and C. Old Khesra 49, Zamabandi No. 241, situated in Brahmpur Mauza of Basantpur

Patna High Court CWJC No.2501 of 2025(2) dt.20-02-2025 2/3 Block.

3. Learned counsel for the petitioner submits that the petitioner is claiming title and possession over the land in question since 1935, based on documents executed in favor of the petitioner's father by the then owner. Learned counsel further submits that, in pursuance of these documents, the State of Bihar has accepted rent receipts up to 2020-2021. However, without any prior notice, the sale of the said plot has been stopped. Learned counsel also submits that the petitioner has filed representations before the Collector, Supaul, twice (Annexure - 5 series), but the matter remains unaddressed.

4. Learned counsel for the State submits that the present writ petition is not maintainable, as the land in question is Khasmahal land, which is directly under the control of the Government.

5. In the light of the submissions made particularly when the representation of the petitioner is pending before the Collector, it is hereby directed to the Collector, Supaul to pass a reasoned and speaking order on the representation of the petitioner within 90 days from the date of order passed by this Court.

6. It is made clear that prior to passing of the final

Patna High Court CWJC No.2501 of 2025(2) dt.20-02-2025 3/3 order, the Collector shall call the petitioner with all the relevant document in original and upon going through those documents, he/she shall pass order.

7. With the aforesaid observation and direction, the Writ Petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U