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Patna High CourtCWJC/5744/2020disposed

Kirti Singh v. The State Of Bihar

2022-06-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5744 of 2020 ====================================================== Kirti Singh, D/o Chandra Mohan Singh, wife of Abhay Pratap Singh, resident of Village- Jamalpur, In front of Congress Gali, P.S.- Gogri, DistrictKhagaria. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Divisional Commissioner, Munger.

3.

The District Magistrate, Khagaria.

4.

The Land Reforms Deputy Collector, Gogri, District- Khagaria. 5.

The Sub- Divisional Public Grievance Redressal Officer-cum- S.D.O., Gogri, District- Khagaria.

6.

The Circle Officer, Gogri, District- Khagaria. 7.

Mahendra Yadav son of Late Badri Yadav resident of Village- LakshmipurBashara, P.S.- Gogri, District- Khagaria. 8.

Govardhan Yadav son of Mahendra Yadav resident of Village- LakshmipurBashara, P.S.- Gogri, District- Khagaria. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Vijay Kumar Mukul For the Respondent :

Mr. Rishi Raj Sinha ( SC-19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the petitioner has filed an application on 09.08.2019 (Annexure-6) before the D.C.L.R., Gogri, District- Khagaria, and the same is pending before him. He further submits that he has filed application raising maintainability issue of the Bataidari case.

Patna High Court CWJC No.5744 of 2020(6) dt.21-06-2022 2/2 When an application is filed before the authority raising maintainability issue, the authority is duty bound to dispose of the application in accordance with law within a reasonable period of time. The D.C.L.R. cannot sit over the matter for about three years.

Learned counsel for the State has no objection to the disposal of the maintainability application. In that view of the matter, D.C.L.R., Gogri, District- Khagaria, is directed to dispose of the maintainability application dated 09.08.2019 (Annexure-6) within a period of six weeks from today after hearing the parties. If the other side does not cooperate in the matter, the D.C.L.R. Gogri, DistrictKhagarai, will proceed with the hearing of the case on the maintainability of the petition.

With the aforesaid observations and directions, this writ petition is disposed of.

(Sandeep Kumar, J) pawan/- U