Vijay Kumar @ Vijay Pratap Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8713 of 2018 ====================================================== Vijay Kumar @ Vijay Pratap Singh S/o Late Ram Barat Singh Resident of Kanchanama, P.O. Kanchanama, P.S. Makhdumpur, District - Jehanabad. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Collector, Jehanabad.
3.
The Land Reforms Deputy Collector, Jehanabad. 4.
The Circle Officer, Makhdumpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Sinha, Adv.
For the Respondent/s :
Mr. Subhash Chandra Yadav -Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2025 Heard the parties.
2. The present application has been preferred for the following relief(s):
(i) For appropriate writ in the nature of Mandamus seeking direction to Respondents to allow and dispose off the mutation application filed by petitioner before Respondent No. 4 which is pending before him since long time but Respondents are sitting tight over the matter and inspite of repeated representation filed before the Authority petitioner is being deprived for mutation over the land which he has title and possession.
(ii) For any other relief or reliefs for which the petitioner is entitle for.
Patna High Court CWJC No.8713 of 2018(3) dt.02-12-2025 2/3
3. A counter affidavit has come according to which the representation of the petitioner already stands rejected on 04.02.2017.
4. Learned counsel for the petitioner has made a valid point, neither he was ever handed over the copy of the rejection order nor the same has even been brought on record by way of Annexure to this counter affidavit filed by the Circle Officer, Makhdumpur, Jehanabad.
5. Learned State Counsel submits that a certified copy of the order shall be handed over to the petitioner in next two weeks.
6. This Court takes serious view of the matter if the copy has not been served to the petitioner, not only the Circle officer, Makhdumpur, Jehanabad shall be duty-bound to hand over the certified copy of the order of rejection, he also has the duty to attach the copy of the earlier communication made to the petitioner along with the said certified copy, failing which the petitioner is free to take recourse to approaching the appropriate authority for the redressal of the grievance.
7. So far as the rejection order is concerned, once the certified copy is handed over to the petitioner, he shall be challenging the same, if so want in accordance with law.
Patna High Court CWJC No.8713 of 2018(3) dt.02-12-2025 3/3
8. Needless to add, the Revenue Authority before whom the petitioner approaches has to take into account the fact that he was never supplied the copy of the order before taking up the limitation petition.
9. The writ petition is disposed of with aforesaid observation.
(Rajiv Roy, J) Vijay Singh/- U