Yogendra Mandal @ Yogendra Singh @ Jogendra Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5978 of 2018 ====================================================== Yogendra Mandal @ Yogendra Singh @ Jogendra Mandal Son of Late Phushan Mandal, Resident of Village-Madhwa, P.O.P.S.-Ramankbad Haveli Kharagpur, Distt.-Munger.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector of the District, Munger 3.

Deputy Collector Land Reform, Munger.

4.

Anchal Adhikari, Trivveniganj, Munger.

5.

Sarad Kumar Singhania, Son of Late Raj KUmar Singhania 6.

Ajay Kumar Singhania 7.

Shiva Kumar Singhania Both Sons of late Babulal Singhania All Resident of Mohalla-Sujaganj, P.S.-Kotwali, Distt.-Bhagalpur at Present of 119/E Cerny Street, 1st Floor, Kolkata-5.

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

For the Petitioner/s :

Mr. Kumar Malendu, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2023 Heard learned counsel or the petitioner and learned counsel for the respondents.

The petitioner has filed the instant application for the following relief(s) ;

" i. For initiating the proceeding u/s 48D of the Bihar Tenancy Act (in short B.T. Act). for which petitioner has already filed an application on 20.9.16 (Anx-) on proper format. ii. For directing the state respondents especially respondent no.4 to dispose of the application (Anx-4) in accordance with law which

Patna High Court CWJC No.5978 of 2018(2) dt.18-04-2023 2/3 is pending before him since long under section 48 D of the B.T. Act, within framed time as the petitioners fulfill all the prescribed criteria u/s 48 C and u/s 48 D of the Act.

iii. For directing the respondents to open of Zamabandi in the name of the petitioner, after granting 48D status of raiyat and accordingly grant rent receipt in their favour according to the provision of the BT. Act after holding the petitioners as occupancy raiyat as provided under section 481 of the Bihar Tenancy Act.

iv. Directing the respondents to grant/hold the status of raiyat to the petitioner as provided u/s 48 D of the B.T. Act.

v. Any other relief and reliefs which the petitioner may be found entitled to.

Learned counsel for the petitioner submits that although several prayer has been made in paragraph no. 1 of the petition, as quoted herein above, he is confining the instant application for direction to the Circle Officer, Trivveniganj, Munger (respondent no. 4) for disposal of the application dated 20.9.2016 filed by the petitioner in respect of acquisition of raiyati land under section 48D of the Bihar Tenancy Act. A copy of the application dated 20.9.2016 has been brought on record as Annexure-5 to the writ application. Having heard learned counsel for the parties, if not

Patna High Court CWJC No.5978 of 2018(2) dt.18-04-2023 3/3 already disposed of, the Circle Officer, Trivveniganj, Munger (respondent no. 4) is directed to dispose of the application dated 20.9.2016 filed by the petitioner under section 48D of the B.T. Act in accordance with law within a period of four months of receipt of a copy of this order.

It may be clarified that this Court has not gone into the merits of the case of the parties and the respondent no. 4 will decide the said application based on the materials available on its record.

This application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Prakash/- U