Bhagya Narain Gupta @ Bhagya Narain Prasad Sah @ Bhagya Narain Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3601 of 2024 ====================================================== Bhagya Narain Gupta @ Bhagya Narain Prasad Sah @ Bhagya Narain Sah S/o Late Janki Prasad R/o village - Mejarganj, P.S. and P.O.- Mejarganj, Dist. - Sitamarhi, at present residing Ashok Nagar, Road no. -8/B, P.S. Kankarbagh, P.O.- Lohianagar, Patna Town, Dist - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Sitamarhi. 2.

The Collector Cum District Magistrate, Sitamarhi. 3.

The Deputy Collector Land Reform, Sitamarhi.

4.

The Circle Officer, Mejarganj Block, P.O. and P.S.- Mejarganj, Dist. - Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Veena Kumari Jaiswal, Advocate For the Respondent/s :

Mr. Addl. Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-06-2024 Heard the parties.

2. The present writ petition has been preferred for the grant of following relief/s:- "That, this petition is being filed on behalf of the petitioner, for issuance of an appropriate writ or writs, order or orders, direction or directions commanding the respondents and for setting aside the order of respondent no. -4 who has cancelled Zamabandi no. 1776 running in the name of the petitioner and further setting aside the order of Purcha granted to another persons

Patna High Court CWJC No.3601 of 2024(2) dt.20-06-2024 2/3 not known to the petitioner and said order has been passed behind the back of the petitioner and without his knowledge and the certify copy of orders have not been granted to the petitioner in spite of Chircute (Application for obtaining certify copy of order) filed by the petitioner."

3. Learned State counsel at the outset pointed out that the pleadings/documents are incomplete inasmuch as even the certified copy of the order is not part of the record.

4. Learned counsel for the petitioner submits that he could not get the order despite best of effort under RTI Act.

5. Learned State counsel submits that once he approaches with proper fee, the certified copy will be provided to him within a week. He further submits that if at all the jamabandi has been cancelled, the recourse before the petitioner is to challenge the same before an appropriate revenue authority and not in the writ petition.

6. In that background, the writ petition stands disposed of with liberty to the petitioner to approach the Circle Officer, Mejarganj, Sitamarhi (Respondent No. 4) within two weeks and if he provides the details and submits requisite fee,

Patna High Court CWJC No.3601 of 2024(2) dt.20-06-2024 3/3 the Circle Officer, Mejarganj, Sitamarhi is duty bound to provide him the certified copy within a week thereafter.

7. The petitioner is free to challenge the said order thereafter if he so wants.

(Rajiv Roy, J) Adnan/- U