Gulab Ram @ Gulab Dhobi @ Gulab Baitha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17669 of 2016 ====================================================== 1.1. Gauri Shankar Ram, Son of late Gulab Ram@ Gulab Dhobi@ Gulab Baitha, Resident of Village- Dinara, P.O. Dinara, P.S. Dinara,District- Rohtas at Sasaram.

1.2. Sunil Kuma Ram, Son of late Gulab Ram@ Gulab Dhobi@ Gulab Baitha, Resident of Village- Dinara, P.O. Dinara, P.S. Dinara,District- Rohtas at Sasaram.

1.3. Santosh Kumar, Son of late Gulab Ram@ Gulab Dhobi@ Gulab Baitha, Resident of Village- Dinara, P.O. Dinara, P.S. Dinara,District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Rohtas at Sasaram.

3.

The Deputy Collector Land Reforms, Bikramganj District Rohtas. 4.

The Consolidation officer, Bikaramganj District Rohtas. 5.

The Circle Officer, Circle Dinara District Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate :

Mr. Ashutosh Suman, Advocate For the Respondent/s :

Mr.Birendra Prasad Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 12-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph no. 1 of the present writ application.

2/4 " 1. That this is an application for issuance of an appropriate writ/writs, order(s) or direction(s) to the respondents to fix the rent of land settled to the petitioner appertaining to Mauza Dinara, Thana No. 109, Khata No. 723, Khesera No. 1754 Area 0.05 Acres and the matter is still pending with the respondent no.3 for final order since the year 2011."

3. Learned counsel for the petitioner submits that petitioner is a landless person belonging to scheduled caste category and has been paying Chowkidari rent to the respondents since the year 1959 for the part of the land shown in Khata No. 723 (i.e. the land in question). Learned counsel further submits that petitioner also approached to the Consolidation Officer, Dinara under Section 10B of the Bihar Consolidation Act and the Consolidation Officer, Dinara while hearing the case of the petitioner as well as on going through the report of the Circle Officer, Dinara passed the order on 16.11.1991 in Case No. 39/75 directing the concerned officials to make the entry of the landed area 0.05 Acre, Kheshra no. 1754 of Khata No. 723 in the name of the petitioner. Learned counsel further submits that petitioner also approached the concerned authority for the fixation of rent of land part of Khata

3/4 No. 723, Khesara No. 1754 Area 0.05 Acres of Mauza Dinara Thana No. 109 in view of the order passed in case no. 39/75-76 and on the application of the petitioner, the Circle Inspector submitted its report to the Circle Officer Dinara on 15.10.2011 in Rent Fixation Case No. 01/11-12. The Circle Officer, Dinara accepted the report and send it to the DCLR Bikramganj for final rent fixation for the land in question on 20.11.2011 vide letter no. 596. Learned counsel, therefore, submits that the case of the petitioner is pending before the DCLR, Bikramganj (as per Annexure-4 series) for fixation of final rent for the land in question and, the petitioner prays that the same may be disposed of within a time frame.

4. Learned counsel for the State does not object to the prayer made by the learned counsel for the petitioner for disposal of the case pending before DCLR, Bikramganj.

5. Considering the aforesaid facts and circumstances, the DCLR, Bikramganj (Respondent No. 3 herein) is directed to consider the case, i.e. Rent Fixation Case No. 01/11-12, of the petitioner related to the fixation of rent after perusing the documents filed on behalf of the petitioner and pass reasoned and speaking order in accordance with law within a period of three months from the date of receipt/production of a copy of

4/4 this order.

6. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Alok Verma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.08.2024 Transmission Date N/A