Komal Kumhar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19370 of 2015 ====================================================== Komal Kumhar Son of Larte Sadhu Kumhar Resident of Village-Katkara, P.S.- Belaon, District- Kaimur at Bhabau ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Chief Secretary, Government of Bihar, Patna 2.

The District Magistrate, Kaimur, Bhabua 3.

The Deputy Collector, Land Reforms, Kaimur.

4.

The Circle Officer, Bhagwanpur, Kaimur.

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the State :

Mr. Binod Kumar Yadav, SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing to the respondents for settlement of 6 decimals of land bearing Khata No.75, Plot No. 371, Mauza-Katkara, P.S.- Belaon, Circle- Bhagwanpur in the name of the petitioner.

3. Learned counsel for the petitioner submits that initially upon the application for settlement, the Anchaladhikari has called for report and on the basis of the report proposal for settlement has been forwarded as petitioner is said to be the landless person and his old house is standing over the said land but as per the pleading the Deputy Collector Land Reforms, Bhabua has returned back the said record with some explanation

Patna High Court CWJC No.19370 of 2015(2) dt.19-09-2023 2/2 that the nature of the land is Sarv Sadharan and subsequently detail report was came before the DCLR and DCLR with his recommendations sent the matter before Additional Collector but Additional Collector has sent back the record to the Circle Officer accepting the proposal of settlement. Thereafter, the petitioner move before the Collector cum District Magistrate, Kaimur at Bhabua, who vide order dated 22.06.2015 has passed order and dismissed the Miscellaneous Case No. 45 of 2014-15 but in the said order liberty was granted that the petitioner may file application before the Circle Officer.

4. Learned counsel for the State submits that earlier proposal of the petitioner has been decided not to proceed but in the light of the observation made by the Collector, it transpires that the petitioner may file fresh application for settlement.

5. In this background this writ petition is disposed off directing the petitioner to file a fresh application before Circle Officer, Bhagwanpur, Kaimur in the light of observation made in Memo No. 1738 dated 22.06.2015, if so advised. (Dr. Anshuman, J.) ravishankar/- U