Ramjee Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.994 of 2015 ====================================================== Ramjee Singh, son of Late Babulal Singh, Resident of Village- Murlichak , Khajpura, P.S. Phulwarisharif, (Hawai Adda), District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar ;

2. The Commissioner of Patna Division.

3. The Collector of District Patna.

4. The Deputy Collector , Land Reforms , Patna.

5. The Circle Officer, Phulwarisharif, Dist- Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baidyanath Prasad, Adv. For the Respondent/s : Mr. Pawan Kumar, AC to GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-01-2017 Heard the parties.

In view of the nature of the claims/ grievances raised on behalf of the petitioner with respect to the lands in question, fully detailed in paragraph-1 of the writ petition, this Court is of the opinion that the petitioner should first approach the Circle Officer of the area concerned under the provisions of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011') for grant of appropriate relief to him by raising all the pleas, which have been raised in the present writ petition with respect to the lands claimed by him. The learned counsel appearing on behalf of the petitioner submits that the petitioner shall file an appropriate petition in the prescribed form under Section 3 of the Act, 2011 within a period of one month from today, after impleading all the necessary parties.

If such a petition is filed on behalf of the petitioner within the aforesaid period of one month with a certified court of

Patna High Court CWJC No.994 of 2015 (4) dt.09-01-2017 2/2 the present order, then the concerned Circle Officer shall pass appropriate final order strictly in accordance with law, after taking into consideration the provisions of the Act, 2011 and the rules made thereunder, but before passing any final order, reasonable opportunity of hearing must be given to all concerned. This is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question and this is left to be decided by the Circle Officer concerned in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U