Khantar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6583 of 2019 ====================================================== 1.

Khantar Yadav, Son of Late Sukdev Yadav Resident of Village-Parora, P.S.- K. Nagar District-Purnea.

2.

Girja Nand Yadav, Son of Late Sukdev Yadav Resident of Village-Parora, P.S.-K. Nagar District-Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Land Reforms Department, Government of Bihar, Patna.

2.

The Sub-Divisional Officer at Sadar, Purnea.

3.

The Deputy Collector-cum- Land Reforms, Sadar, Purnea. 4.

The Anchal Adhikari, Krityanand Nagar Anchal, District-Purnea. 5.

Smt. Rashmi Kumari D/o Sublendra Narayan Choudhary Resident of Village-Parora, P.S.-K. Nagar, District-Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Karn Mr. Chandra Shekhar Anand For the Respondent/s :

Mr. Raj Kishore Roy (GP18) Mr. Abhay Kumar Kashyap, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the parties.

A notice has been issued by the Circle Officer, K. Nagar, Purnea, dated 18.09.2018, asking the petitioners to file their objection in a proceeding for cancellation of jamabandi in his favour, in respect of the land, description of which has been given in the notice itself.

Learned counsel, appearing on behalf of the petitioners, has submitted that the Circle Officer, K. Nagar, Purnea, does not have jurisdiction to entertain any application

Patna High Court CWJC No.6583 of 2019(2) dt.10-04-2019 2/2 for cancellation of mutation, which power rests with the Additional Collector under Section 9 of the Bihar Land Mutation Act, 2011. Learned counsel for the petitioners appears to be correct in his submission.

The plea, which has been taken on behalf of the petitioners, can be taken before the Circle Officer in their objection, on which the Circle Officer will be required to proceed accordingly thereafter.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Ashish/- U