Yadunath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15304 of 2016 ====================================================== Yadunath Prasad Son of Late Ram Pratap Narain Lal Resident of Village Maspura P.S. - Bodh Gaya, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Cum Survey Settlement Officer, Gaya. 3.

The Anchal Adhikari, Bodh Gaya.

4.

The Block Development Officer, Bodh Gaya.

5.

The Special Officer of the office of the District Magistrate, Gaya. 6.

The Karamchari Anchal Bodh Gaya.

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam-AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 11-07-2024 Heard learned counsel for the parties.

2. In the instant writ application, the petitioner prays for a direction to the respondents specially the respondent no.3, the Anchal Adhikari, Bodh Gaya to issue rent receipt of 5 decimals of the land instead of 3 decimals to the petitioner having Old Khata No. 88, Plot No. 742 having an area of 5 decimal of New Khata No. 168 Plot No. 1044 situated in Village Maspura, P.S. Bodh Gaya, Anchal Bodh Gaya in the district Gaya over which the house of the petitioner is situated.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.15304 of 2016 dt.11-07-2024 2/3 after purchase of the aforesaid land, the same was mutated in the name of the father of the petitioner having an area of 5 decimals and the rent was also paid by the petitioner and the rent receipt was also issued for 5 decimals of land for the year 1995-96. He further submits that when the petitioner went to Anchal Office, Bodh Gaya for payment of rent, the rent receipt was issued for an area of 3 decimals instead of 5 decimals and he came to know that during revisional survey, 2 decimals of land has been wrongly deducted out of five decimals.

4. Learned counsel for the petitioner further submits that the petitioner filed an application dated 06.02.2010 before the District Magistrate, Gaya for correction of the area of the land which was forwarded to the B.D.O., Bodh Gaya on 06.02.2010 for necessary action but, nothing has been done as yet. He again points out that the Officer on Special Duty of the Office of the Collectorate, Gaya (Confidential Branch) also wrote a letter to the Anchal Adhikari, Bodh Gaya on 09.02.2010 for taking necessary action as per direction of the District Magistrate and to inform the Office immediately but, no action was also taken by him.

5. Learned counsel for the petitioner thus submitted that nothing has been done by the Anchal Adhikari in this regard

Patna High Court CWJC No.15304 of 2016 dt.11-07-2024 3/3 despite the direction of the District Magistrate, Gaya.

6. Having heard learned counsel for the parties and taking into consideration the materials available on record, this Court feels it expedient in the interest of justice to direct the Anchal Adhikari, Bodh Gaya / Respondent No.3 to comply the order passed by the District Magistrate, Gaya within a period of four weeks from the date of receipt/production of a copy of this order.

7. With the aforesaid direction, the writ application is disposed of.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.07.2024 Transmission Date