Ganesh Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11197 of 2016 ====================================================== Ganesh Prasad Gupta S/o late Baijnath Gupta Resident of Bari Gadi Gola Chauk Gangi Road, PO. Ara PS. Ara Town, District Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue Department , New Secretariat, Patna, Bihar.

3.

The District Magistrate, Bhojpur at Ara.

4.

The Deputy Collector, Land Reforms, Ara Sadar, Distt Bhojpur. 5.

The Circle Officer, Ara Sadar, Bhojpur.

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

For the Petitioner/s :

Mr.Bimlesh Kumar Jha, Adv.

For the Respondent/s :

Mr. Ajay, GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 04-07-2024 Learned counsel for the petitioner prays for and is allowed to make necessary correction in Para-1 of the present writ application in course of the day.

2. Heard learned counsel for the parties.

3. The present writ application has been filed for issuance of a direction for commanding the respondents to mutate the land in favour of the petitioner on the basis of judgment of the Sub Judge, Ara as the application is pending for Mutation before the respondent no.5 from 19.09.2013.

4. Learned counsel for the petitioner submits that the petitioner has filed a petition before the respondent no.5 for

Patna High Court CWJC No.11197 of 2016 dt.04-07-2024 2/3 mutation of land on the basis of judgment/decree of the learned Sub Judge, Civil Court, Ara, Bhojpur regarding Ward No.3, New Ward No.7, New Khata No. 224, New Khesra No. 263, 264,, 265, 266, 267, 268, 269, 270, 271, Area .069 Kari and Khesra No. 321K, Kh and 322 Area .350 Kari which was wrongly registered in the name of State of Bihar earlier. He further submits that the learned Sub Judge, Ara delivered the judgment on 07.06.2013 in title Suit No. 604/2008 in which the judgment was passed ex-parte in favour of the petitioner as the defendants did not appear in spite of proper service of notice. The defendants did not also filed any appeal or any case against the judgment/decree passed by the learned Sub-Judge, Ara. He further submits that after passing of the judgment/decree by the learned Sub-Judge, Ara, the petitioner filed an application for mutation before the Circle Officer, Ara Sadar, Bhojpur which is still pending.

5. Having regard to the facts and circumstances of the case, this Court deem it fit and proper to grant liberty to the petitioner to approach the Circle Officer, Ara Sadar, Bhojpur/respondent no.5 by filing a fresh representation along with a copy of this order with all supporting documents, within a period of six weeks from today and, in case, such a

Patna High Court CWJC No.11197 of 2016 dt.04-07-2024 3/3 representation is filed by the petitioner, the Circle Officer, Ara Sadar, Bhojpur/respondent no.5 shall dispose of the same in accordance with law within a period of three months from the date of receipt/filing of a representation by the petitioner.

6. Accordingly, the writ application stands disposed off on the aforesaid terms.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2024 Transmission Date