Anand Kishore Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12995 of 2017 ====================================================== Anand Kishore Prasad S/o late Deo Narain Prasad Resident of Mohalla- K.P. Lane Dholakiya Gali, P.S. Kotwali, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Gaya Cum Second Appellate Authority Public Grievance Resdressal officer, Gaya 3.

The Additional Collector Public Grievance Redressal Cum Appellate Authority, Gaya.

4.

The Sub-Divisional Public Grievance Redressal Officer, Gaya. 5.

Deputy Collector Land Reform, Gaya Town, Gaya. 6.

The Circle Officer, Circle Office, Bodh Gaya, Gaya. 7.

Revenue Clerk, Circle Office, Bodh Gaya.

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

For the Petitioner/s :

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

Mr.Raj Kishore Ray - Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 29-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph No. 1 of the present writ application: "That this application by petitioner a citizen of India, for issuance of writ of certiorari or any other appropriate writ/order/direction, directing respondents authorities specially

2/4 respondent no. 6 to mutate the name of petitioner in Register II, with respect to the land purchased by petitioner through registered sale deed no. 13251, dated 17/10/1998, total area 1 acre, 30 1/4 dec. under C.S. Khata No. 65 and C.S.

plot no. 608 and 592 respectively, on facts and circumstances stated here in below after setting aside the orders passed under Bihar Right to Public Grievance Redressal Act, 2015, by order dated 26/04/2017 by sub-Divisional Public Grievance Redressal Officer, Gaya Town, Respondent no.4, order dated 29/05/2017 passed by First Appellate authority, Respondent no.3, and 04/08/2017 by second Appellate authority, Gaya, Respondent no.2, and for grant of any other suitable relief/reliefs for which petitioner is found entitled in the eye of Law."

3. At the outset, learned counsel for the petitioner submits that submits that vide order dated 02.11.2015 passed in Mutation Appeal No. 215 of 2014-15, the D.C.L.R., Gaya has remanded the matter back to the Circle Officer for fresh consideration after setting aside the order

3/4 dated 31.08.2014/05.09.2014 passed in Mutation Case No. 1504 of 2014-15. Thereafter, on remand, spot inquiry was conducted and a report dated 06.10.2016 has been submitted stating that petitioner is in possession of land but till date no order has been passed. Learned counsel for the petitioner, therefore, submits that respondent No. 6 may be directed to comply with the order dated 02.11.2015 passed by the D.C.L.R., Gaya (respondent No. 5).

4. A counter affidavit has been filed on behalf of respondent No. 6. However, in view of the limited prayer made on behalf of the petitioner to comply with the order dated 02.11.2015 passed by the respondent No. 5, by the Circle Officer (respondent No. 6), learned counsel for the State, does not object to the disposal of the application.

4. In view of the limited prayer made by learned counsel for the petitioner, the Circle Officer, Bodh Gaya, Gaya (respondent No. 6) is directed to comply with the order dated 02.11.2015 passed in Mutation Appeal No. 215 of 2014-15 by the D.C.L.R., Gaya (respondent No. 5) and pass a reasoned and speaking order in Mutation Case No. 1504 of 2014-15 in accordance with law after after giving

4/4 opportunities of hearing to all the parties within a period of four weeks from the date of receipt/production of a copy of this order.

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

(Rudra Prakash Mishra, J) Pankaj/- AFR/NAFR NAFR CAV DATE Uploading Date 06.08.2024 Transmission Date