Laxmi Narayan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13671 of 2016 ====================================================== Laxmi Narayan Yadav Son of Late Kalyan Prasad Yadav, Resident of VillageRampur, Post Office- Rampur, Police Station- Murliganj, DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Revenue & Land Reforms, Bihar, Patna.

2.

The Collector, District- Saharsa.

3.

The Land Reforms Deputy Collector, District- Saharsa. 4.

The Circle Officer, Sattar Kataiya Block, District- Saharsa. 5.

The Circle Inspector, Shahpur Panchayat, Block- Sattar Kataiya, DistrictSaharsa. 6.

The Halka Karamchari, Shahpur Panchayat, Block Sattar Kataiya, DistrictSaharsa. 7.

Amrendra Chandra Yadav, Son of Surendra Prasad Yadav, Resident of Village- Gobar Garha, Police Station- Bihra, District- Saharsa. 8.

Sudhir Chandra Yadav, son of Surendra Prasad Yadav, Resident of VillageGobar Garha, Police Station- Bihra, District- Saharsa. 9.

Prem Lata Amrendra Mahila College, Saharsa through Principal, At and Police Station- Saharsa, Distr 10.

Bhilo Prasad Yadav, son of Late Santoshi Prasad Yadav, Resident of VillageGobar Garha, Police Station- Bihra, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha, Adv.

For the Respondent/s :

Mr.Saurabh Kumar, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 25-07-2024 Heard learned counsel for the parties.

2. In this writ petition, the petitioner has prayed for following relief/s:- "1(i) For a direction to the authority concern to discharge his duty assigned by law and act accordingly and comply the direction

2/4 given in order dated 15.07.2014 passed in Mutation Appeal No. 52 of 2012 by the Land Reforms Deputy Collector, Saharsa.

(ii) For a direction to the authority concern to take action against the person concern in accordance with law who have flouted the aforesaid order dated 15.07.2014 passed in Mutation Appeal No. 52 of 2012 and punish them accordingly."

3. The matter relates to 22 decimal of land in Mauza Gobar Garha, Khata No. Old 850, New 336(K), Khesra No. 522 New 1653, 1654, 1668.

4. Learned counsel for the petitioner submits that after getting possession of the land, in question, the petitioner filed a petition before the Circle Officer, Sattar Kataiya Block for mutation of the same bearing Mutation Case No. 1969/201213. Thereafter, under the Right to Information Act, the petitioner came to know that the aforesaid Mutation Case No. 1969/201213 vide order dated 14.09.2012 has been dropped. Being aggrieved by the order dated 14.09.2012, the petitioner filed an appeal before the Deputy Collector, Land Reforms, Saharsa wherein, vide order dated 15.07.2014, a direction was issued to the Circle Officer to verify the Jamanbandi arise from Jamabandi No. 126 and do the needful for correction of the Jamabandi. Thereafter, the aforesaid order dated 15.07.2014 was

3/4 communicated to the Circle Officer, Sattar Kataiya Block by the Court of Land Reforms Deputy Collector, Saharsa directing to inform the undersigned after taking action in accordance with the aforesaid order. Thereafter, the Revenue Karamchari Shahpur Panchayat submitted a detailed report dated 21.11.2014 to the Anchaladhikari, Sattar Kataiya recommending for mutation in favour of the petitioner. The Anchaladhikari, Sattar Kataiya, thereafter, vide order dated 23.12.2014, directed the Halka Karamchari to do the Dakhil Kharij of the land, in question, in favour of the petitioner and inform the same but, till date, no action has been taken.

5. Learned counsel for the petitioner, thus, submitted that in spite of clear order and reminder of the Land Reforms Deputy Collector, Saharsa, no action has been taken by the Circle Officer, Sattar Kataiya Block, Saharsa regarding mutation of the land, in question, in favour of the petitioner.

6. Learned counsel for the State has not filed counter affidavit in the matter but, does not contradict the aforesaid submissions made by the learned counsel for the petitioner.

7. Having considered the aforesaid facts and circumstances of the case, this Court directs the petitioner to file

4/4 a fresh representation along with a copy of this order before the Respondent No.4/ the Circle Officer, Sattar Kataiya Block, Saharsa within a period of four weeks from today who, after hearing all the necessary parties, shall dispose of the same by passing a reasoned and speaking order, in accordance with law, within a period of three months, thereafter.

8. With the aforementioned observation/direction, this writ petition is disposed off.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2024 Transmission Date