Heera Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17722 of 2015 ====================================================== Heera Devi W/o Kameshwar Thakur resident of Village P.O. P.S. - Jai Nagar, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Land and Revenue Reforms, Bihar, Patna 2.

The Collector, Madhubani.

3.

The Additional Collector, Madhubani.

4.

The Sub-Divisional Officer, Jai Nagar Madhubani. 5.

The Deputy Collector, Land Reforms, Jai Nagar, Madhubani. 6.

The Circle Officer, Jai Nagar, Madhubani.

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

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Respondent/s :

Mr. Sita Ram Yadav, GP 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2024 Heard learned counsel for the parties.

2. This writ petition has been filed for commanding the respondent authorities to settle the piece of land measuring 7 Decimal appertaining to Khata No. 380, Khesra No. 1857 (New), Old 1166 situated in Mauza Deodha within Jai Nagar P.S. in the district of Madhubani which is Gair Mazarua Khas in nature as recorded in Survey Khatiyan in favour of the husband of the petitioner who is military man in terms of Letter No. 4/Stha/M. Niti 10172/4725 dated 14/16.8.1971.

3. In this case, counter affidavit has been filed wherein it is stated that the Circle Officer, Jai Nagar

Patna High Court CWJC No.17722 of 2015(4) dt.15-01-2024 2/3 recommended for settlement of land appertaining to Khata No. 380 plot No. 1166 measuring an area 1 Kattha 12 Dhur of Mauza- Deodha Ushrahi after receiving the reports from the K/C and Anchal Amin and thereafter the record was fixed for issuance of public notice vide order dated 03.12.1996 in Land Settlement Record Case No. 2/97-98 and thereafter the Circle Officer, Jai Nagar send the record to the Sub Divisional Officer, Jai Nagar for grant of permission vide order dated 21.04.1997 which is still pending for disposal before the Joint Secretary, Department of Land and Revenue Reforms.

It is further submitted on behalf of the State that the proposed area to be settled is 1 Kattha 12 Dhur which is more than 5 decimal and the nature of land is Anabad Sarvsadharan in revisional survey so the proposal for settlement has been forwarded to revenue department vide Letter No. 4090 dated 16.10.2023 as the Collector is empowered for maximum 5 decimal land settlement in Gair Mazarua Aam i.e. Anabad Sarvsadharan vide Department Letter No. 614 dated 17.06.2015.

4. In view of the submission made on behalf of the State, this writ petition is disposed of with direction to the Joint Secretary, Department of Land and Revenue Reforms to dispose of the Land Settlement Record Case No. 2/97-98 after hearing

Patna High Court CWJC No.17722 of 2015(4) dt.15-01-2024 3/3 the parties in accordance with law, preferably, within a period of six months from today.

5. Writ petition is disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Navya/- U