Shree Ram Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15966 of 2017 ====================================================== Shree Ram Prasad Son of Late Saudagar Prasad, resident of Village Khagaria Mohalla Uttaree Hajipur, Kachahari Road, P.S. District Khagariya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Khagaria.

3.

The Circle Officer, Khagaria.

4.

The Circle Inspector, Khagaria.

5.

The Halka Karmchari, Khagaria.

6.

The Member, Bihar Land Tribunal, Patna.

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

For the Petitioner/s :

Mr. Gopal Prasad Roy, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 05-09-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

The present writ petition has been preferred for the following relief/s:- "1. That the present petition is being for issuance of an appropriate writ/order/directions for setting aside the order dated 18.07.2017, passed by member administrative Bihar Land Tribunal, Patna in B.L.T Case No. 486 of 2016 (Annexure-7) by which the petition of the petitioner for mutation

Patna High Court CWJC No.15966 of 2017 dt.05-09-2024 2/3 of his land in question was dismissed.

And also, for a direction for the authorities respondent to mutate the lands in question bearing Tauzi No.

9710, Thana no. 190, khata No. 494, Khesra No. 2493, Area-10 Katha only, bounded by N-Sarak and Neej, SDhaneshwar Mahto, E-Basanee Singh and Maheshwar Singh, W- Prakash Singh, and Tohib Mian and others as well as Khata no. 494 Khesra No.

2493, area-14 Katha 02 Dhur, 10 Dhurki, Bounded by N-Dhaneshwar Mahto, S- Rambhajan Sharma, EAnup Mandal and Sushil Singh, WSajan Singh and Sushil Singh, Situated in Mauja, Bachhauta Thana Khagaria, Hal Thana Markahi, in the name of the petitioner which has been purchased by the petitioner by sale deed no. 4526 dated 22.08.2014 and sale deed no.

5294 dated 29.09.2014 respectively."

3.

Learned counsel for the petitioner after some arguments has confined his prayer only to the extent of disposal of his application dated 08-04-2016 (Annexure-6 & 6/1) for taking steps of mutation of the land in question which is pending adjudication before the Circle Officer, Khagaria (respondent No. 3) within a time frame.

Patna High Court CWJC No.15966 of 2017 dt.05-09-2024 3/3 4.

On the other hand, learned counsel for the State does not object to the limited prayer made on behalf of the petitioner regarding disposal of his application dated 08-04-2016, which is pending consideration before respondent No.3.

5.

Having regard to the facts and circumstances of the case, this Court deems it fit and proper to direct the Circle Officer, Khagaria (respondent No.3) to dispose of the application dated 08-04-2016, in case the same has not yet been disposed of, by passing a reasoned and speaking order in accordance with law after affording opportunity of hearing to the parties concerned within a period of three months from the date of receipt/production of a copy of this order. 6.

The writ petition stands disposed of on the aforesaid terms.

(Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10-09-2024 Transmission Date N/A