Ramani Pandey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9479 of 2018 ====================================================== Ramani Pandey Son of Sri Ashok Kumar Pandey, Resident of Village-Malaur, P.s.-Chapokhari, Distirct-Arrah Bhojpur At Present Residing at C/o Bipin Bihari Singh, Lawkush Nagar, Gola Road, Danapur, P.S.-Rupaspur, P.S.- Rupaspur, District-Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar and Ors 2.
The District Magistrate Cum District Collector, Patna. 3.
The Circle Officer Anchaladhikari Danapur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Nath Jha, Adv.
: Mr. Amrendra Kumar Jha, Adv.
For the Respondent/s :
Mr. Rishi Raj Sinha,SC-19 Mr. Sajid Khan, I/c SC-19 : Mr. Saurabh Kumar, AC to I/c SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-10-2024 In the instant petitioner, petitioner has prayed for following relief(s):- "For issuance of an appropriate writ, rule or direction commanding and directing the respondent Circle Officer (Anchaladhikari), Danapur (Respondent No.3) to immediately mutate the land bearing Khata No.148, Khesra No.815 an area of 1 Katha (3.125 decimal) situated at Mauza Mustafapur, Pargana Fulwari in the name of Pargana Fulwari in the name of petitioner because the said land had been gifted by the grandfather of petitioner's wife through valid registered Gift Deed No. 3350 dated 2.6.2009 and after death of wife, the petitioner is
Patna High Court CWJC No.9479 of 2018(2) dt.21-10-2024 2/3 entitled to mutate the said land in his name."
2. Learned counsel for the petitioner submits that petitioner has filed a petition in the year 2015 and he has also enclosed the receipt which indicates that M/01870/2015 was the case number and since then no order has been passed for mutation of land in question. He further submits that under Right to Service Act, petitioner filed an application on 03.07.2015 to dispose of his application for mutation, as stated in para 9 of the writ petition. Even though, no action has been taken by the concerned Circle Officer. Thereafter, the information was sought from the Circle Officer, Danapur by filing application on 21.04.2017 but no information was supplied and again petitioner filed another application on 02.06.2017, but till date the C.O., Danapur has not supplied any information in this regard.
3. Learned counsel for the State submits that in para 6 of the counter affidavit it is stated that the Circle Officer, Danapur shall dispose the application of the petitioner within 34 weeks.
4. After perusing the material available on record, it transpired that the application for mutation regarding land in question has been pending since 2015 and no effective order has
Patna High Court CWJC No.9479 of 2018(2) dt.21-10-2024 3/3 been passed by the concerned C.O. No explanation has been made in the counter affidavit as to why there is an enormous delay in disposing of the application for mutation.
5. Considering the above aspects, the concerned authority is directed to pass appropriate order expeditiously within a reasonable period.
6. Accordingly, the writ petition stands disposed of in the light of aforesaid terms.
(Alok Kumar Pandey, J) amitkumar/- U