Sri Bhim Kumar Singh @ Bhim Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4174 of 2024 ====================================================== 1.
Sri Bhim Kumar Singh @ Bhim Kumar Singh S/o Late Hriday Narayan Singh R/o-Village-Kurahabad, P.S. Deo District- Aurangabad. 2.
Sunil Thakur S/o Kalika Thakur R/o-Village- Barheta P.S. Deo DistrictAurangabad. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms Government of Bihar, Patna.
2.
Collector Cum Dsitrict Magistrate, Aurangabad. 3.
Deputy Collector, Land Reform, Aurangabad.
4.
Circle Officer, Deo Block, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Respondent/s :
Mr.Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2024 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioners and the State.
2. The petitioners have prayed the following reliefs: The present writ is being filed for issuance of writ/writs, order/orders, direction/directions, directing the Respondent Circle Officer. Deo, Aurangabad to issue rent receipt in favour of the petitioners in pursuance of order passed in Mutation Appeal No.
2/4 102/2021-2022 dated 3.3.2022. by Deputy Collector. Land Reform.
Aurangabad(Respondent No. 3), whereby and whereunder the order dated 6.1.2022, passed by Circle Officer, Deo, Aurangabad, rejecting the mutation application of the petitioners has been set aside, and a direction to mutate the land and issue rent receipt in the name of the petitioners was passed.
And also for necessary relief/reliefs, order/orders, direction/directions for which the petitioners will be entitled in the law as well as in the facts of the case.
3. Mr. Singh submits that despite the order passed by the Deputy Collector, Land Reforms, Aurangabad in Mutation Appeal No. 102 of 2021-2022 on 3.3.2022 and thereafter, the Circle Officer, Deo (respondent no.4) is sitting tight on the matter.
4. Learned State Counsel submits that there is no petition of the petitioners on which date, they approached the
3/4 Circle Officer, Deo.
5. Learned counsel for the petitioners submit that though they have submitted petition even otherwise the record/order go to the Circle Officer from the office of DCLR and despite passage of more than two years, the Circle Officer, Deo has turned his eyes away. There are some documents on record to show that the respondent-Collector, Auranbagad has also taken cognizance of the irregularity in the circle office, Deo.
6. However, without making any comment on it, as it is within the domain of the Collector, Aurangabad to see to it that the orders of the superior officials are complied by the subordinates, in this case, the Circle Officer, Deo as the case of the petitioner is that despite the order passed by the D.C.L.R. on 3.3.2022 which has not been challenged before any appropriate authority, the Circle Officer, Deo is not passing any further order. He however, submits that they will be submitting an appropriate petition alongwith the order in next two weeks.
7. Once the petition of the petitioners is submitted before the Circle Officer, Deo, he is duty bound to take the matter to its logical conclusion in next two months, if the order
4/4 otherwise has not been challenged.
8. Let a copy of the order be also sent to the Collector, Aurangabad for his perusal and necessary action.
9. The writ petition stands disposed of.
(Rajiv Roy, J) Ravi/- U