Manoj Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3260 of 2018 ====================================================== 1.

Manoj Kumar Singh, Son of Late Raj Kishore Prasad Singh, Resident of House No. 18, Sinha Machinery Stores, Main Road Motipur, Police Station Motipur, District- Muzaffarpur.

2.

Pankaj Kumar, Son of Late Raj Kishore Prasad Singh, Resident of House No. 18, Sinha Machinery Stores, Main Road Motipur, Police Station Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Muzaffarpur.

3.

The A.D.M. Revenue, Muzaffarpur.

4.

The S.D.O., Muzaffarpur West.

5.

The D.C.L.R., Motipur, Muzaffarpur.

6.

The Circle Officer, Motipur, Muzaffarpur.

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Respondent/s :

Mr. S.C. Yadav, GP-15 Mr. Dhurjati K Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2023 Heard learned counsel for the petitioners and learned counsel for the respondents.

The petitioners have filed the instant application for the following relief(s):

"(I) To direct the respondents as to make mutation, after fixation of the rent of the land bearing Revisional Survey Plot No.97 appertaining to Khata No.56 having an area of 10 dhurs, in favour of the petitioners, in terms of the judgment dated 19.08.2006 in Title Suit No.149/02 passed by the learned Sub-Judge II, Muzaffarpur.

Patna High Court CWJC No.3260 of 2018(5) dt.19-04-2023 2/3 (II) For grant any other relief or reliefs which may deem fit and proper in the facts and circumstances of the case."

In brief, it is the case of the petitioners that inspite of the petitioners having preferred an application for mutating the land in question in name of the petitioners, the respondent authorities especially the Circle Officer, Motipur, Muzaffarpur is sitting over the same and no order has been passed thereon. Having heard learned counsel for the parties, this application is disposed of giving liberty to the petitioners to file a fresh petition before the Circle Officer, Motipur, Muzaffarpur (respondent no.6) within a period of three weeks from today. In case the same is filed, the Circle Officer, Motipur, Muzaffarpur (respondent no.6) shall decide the same at the earliest in accordance with the provisions of the statute.

From perusal of the writ application, it further transpires that an application was filed by the petitioners for mutation long back and on which a report was called for and was submitted by the Anchal Amin on 24.1.2008, which has been brought on record as Annexure-3 to the writ application. It goes without saying that the record of the earlier application/reports etc.

Patna High Court CWJC No.3260 of 2018(5) dt.19-04-2023 3/3 respondent- Circle Officer in deciding the instant application. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) avinash/- U