Bachchu Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2505 of 2023 ====================================================== 1.

Bachchu Pal Son of Birendra Kumar Pal, Resident of Village- Panchbati Hat, P.S.- Sabour, District- Bhagalpur.

2.

Sabita Kumari, Wife of Bachchu Pal, Resident of Village- Panchbati Hat, P.S.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Urban Development Department, Patna, Bihar. 3.

The District Magistrate, Bhagalpur.

4.

The Deputy Collector Land Reforms, Sadar, Bhagalpur. 5.

The Circle Officer, Sadar, Bhagalpur.

6.

The Revenue Officer, Circle Sabour, Bhagalpur. 7.

Halka Kramchari, Sabour Halka, Bhagalpur.

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Adv.

For the State :

Mr. Rishi Raj Sinha, SC-19.

:

Mr. Saurabh Kumar, AC to SC-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondent no.5 to comply the order dated 14.10.2022 passed in Dakhil-Khariz Appeal Case No.36 of 2022-23 by the Deputy Collector Land Reforms, Sadar, Bhagalpur, by which the order dated 22.03.2022 passed by Circle Officer, Sabour in Dakhil-Khariz Case No.3043R27/2021-22 has been set aside and the matter has been

Patna High Court CWJC No.2505 of 2023(2) dt.11-07-2023 2/3 remitted back to pass order afresh considering the case of petitioners.

3. Learned counsel for the petitioners submits that the petitioners have purchased a land through registered sale deed on 01.11.2021 vide Sale-Deed No.14215 dated 01.11.2021. He further submits that upon purchase of land the petitioners have filed a petition for registration of their land in register-2 (record of mutation) but Circle Officer, Sabour, Bhagalpur without considering and without verifying the record rejected the claim of petitioners, thereafter, petitioners move before the Deputy Collector Land Reforms, Sadar, Bhagalpur in Mutation Appeal No.36 of 2022-23 which was allowed in their favour vide order dated 14.10.2022 and direction was given to the Circle Officer, Sabour, Bhagalpur to pass order afresh. Learned counsel further submits that even after communication of the said order to the Circle Officer, Sabour, Bhagalpur, he sat over the matter for the reasons best known to him.

4. Learned counsel for the State submits that the Circle Officer, Sabour, Bhagalpur (respondent no.5) is bound to pass order.

5. In this background, petitioner is directed to file fresh representation before the Circle Officer, Sabour,

Patna High Court CWJC No.2505 of 2023(2) dt.11-07-2023 3/3 Bhagalpur (respondent no.5) alongwith the copy of order passed today and the Circle Officer, Sabour, Bhagalpur (respondent no.5) is directed to pass order on the representation of petitioners within 30 days upon completion of appearance of the concerned parties in this matter.

6. With this observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U