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Patna High CourtCWJC/4311/2024disposed

Krishna Murari Prasad v. The State Of Bihar

2024-06-25Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4311 of 2024 ====================================================== Krishna Murari Prasad Son of Late Kamta Prasad, resident of village - Mahakar, P.O. - Amarut, P.S. - Dobhi, District- Gaya. ... ... Petitioner/s

Versus

1.

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

The District Magistrate- cum- Collector, Gaya. 3.

The Additional Collector, Gaya.

4.

The Sub - Divisional Officer, Sherghati, District - Gaya. 5.

The Circle Officer, Dobhi, District- Gaya.

6.

Pankaj Kumar, Son of Late Omkar Prasad Gupta, Resident of villageSewaichak Bazar, P.O. - Amarut, P.S.- Dobhi, District - Gaya. 7.

Santosh Kumar, Son of Late Indrabhan Prasad Gupta, Resident of villageSewaichak Bazar, P.O. - Amarut, P.S.- Dobhi, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushkar Narain Shahi, Sr. Advocate Mr. Shivam, Advocate Mr. Deep Shekhar, Advocate Mr. Amit Anand, Advocate For the Respondent/s :

Mr. Kumar Manish, S.C.-5 Mr. Prashant Kumar, A.C. to S.C.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2024 Heard Mr. Pushkar Narain Shahi, learned Senior Counsel for the petitioner and Mr. Kumar Manish, learned S.C.- 5.

2. The present petition has been preferred for the following reliefs:- (i) for setting aside order dated 24.06.2023 passed by the Additional Collector, Gaya in Jamabandi Cancellation Case No.

12/2022-23 whereby and whereunder he has been

Patna High Court CWJC No.4311 of 2024(2) dt.25-06-2024 2/3 pleased to cancel Jamabandi No. 100 standing in the name of the petitioner and has further directed to deduct 20.08 acres of land from Revenue Thana No. 212 of Mauza Gangi from the aforesaid Jamabandi of the petitioner with further direction to restore the same in the previous existing Demand No. 38/1 standing in the name of Suraj Prasad (predecessor in interest of the private respondents);

(ii) the petitioner alternatively prays that Jamabandi Cancellation Appeal No. 32/3023 filed by the petitioner against the aforementioned order dated 24.06.2023 passed by the Additional Collector, Gaya may kindly be directed to be disposed of within a time frame to be fixed by this Hon'ble Court.

3. Learned Senior Counsel submits that though glaring irregularities have taken place in the passing of the order, he shall be satisfied if the Jamabandi Cancellation Appeal No. 32 of 2023 filed by the petitioner against the order dated 24.06.2023 passed by the Additional Collector, Gaya in Jamabandi Cancellation Case No. 12 of 2022-23 is disposed of within a time frame.

4. Learned State Counsel has no objection.

5. Considering the fact that the petitioner is of 84 years of age and Jamabandi Cancellation Appeal No. 32 of 2023

Patna High Court CWJC No.4311 of 2024(2) dt.25-06-2024 3/3 is pending, with the consent of the parties, the writ petition stands disposed of directing the respondent no. 2, the District Magistrate-cum-Collector, Gaya to take the matter to its logical conclusion within a period of six months from today if still not disposed of.

(Rajiv Roy, J) Neha/- U