Md. Jabir Quraishi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17608 of 2017 ====================================================== Md. Jabir Quraishi Son of Late Md Ayub Quraishi Resident of Mohalla Hussaina, Village Mehsol, Anchal - Dumra, P.S. Sitamarhi, District Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Sitamarhi.

4.

The D.C.L.R. Sitamarhi Sadar, Sitamarhi.

5.

Circle Officer, Dumra District - Sitamarhi.

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

For the Petitioner/s :

Mr.Manoj Kumar Sinha For the Respondent/s :

Mr.Md.Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2024 Heard Mr. Manoj Kumar Sinha, learned counsel for the petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.

2. This writ application is being filed for issuance of proper writ/writs, order/orders, direction/directions in the nature of "MANDAMUS" directing the respondents to settled the land bearing khata no. 1693, khesra no. 4422 having an area of 3 decimal land situated at Mauza Mehsol, Thana no. 316, in the district of Sitamarhi vide the Bihar Privilege Person Homestead Tenancy Act 1947 after the disposal of Land Settlement Case No. 1/2006-07 pending before the C.O. Dumra, Sitamarhi.

3. As usual, the office of AAG-12 has not served

Patna High Court CWJC No.17608 of 2017(2) dt.15-04-2024 2/3 copy of the counter affidavit filed on behalf of the respondent Nos. 3 - 5 way back in the year 2019.

4. This Court wanted to impose cost upon the State counsel but for the fact that Mr. Manoj Kumar Sinha was kind enough to plead that this time no such cost is imposed, the Court appreciate his gesture.

5. Paragraph 9 of the counter affidavit read as follows:-

9. That thereafter, the record of the said Land Settlement Case No.01/17-18 has been submitted before the Deputy Collector Land Reforms, Sitamarhi Sadar for taking necessary action in the matter.

6. In that background, Mr. Manoj Kumar Sinha who has now been provided a copy of the counter affidavit submits that despite the matter before the concerned authority, to his latest knowledge, the same has not been disposed of. If the said statement is correct, it is unfortunate that the respondent No.4, the D.C.L.R., Sitamarhi Sadar, Sitamarhi, has not taken the Land Settlement Case No. 01/17-18 to its logical conclusion.

7. This Court accordingly direct him to immediately hear the parties and pass necessary order within

Patna High Court CWJC No.17608 of 2017(2) dt.15-04-2024 3/3 four weeks from the presentation of the copy of the order.

8. The writ petition stands disposed of.

(Rajiv Roy, J) Guddu/- U