Saheb Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5507 of 2020 ====================================================== Saheb Lal Singh, S/o Chandra Dev Singh, R/o Village - Pachlakh Dih, P.S.- Parsa, Dist.- Saran.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms Department, Govt. of Bihar, Patna.

2.

The Commissioner, Saran at Chapra.

3.

The Collector cum District Magistrate, Saran at Chapra. 4.

The Additional Collector, Saran at Chapra.

5.

The Deputy Collector, Land Reforms at Chapra. 6.

The Circle Officer, Parsa at Saran.

7.

The Circle Inspector, Parsa at Saran.

8.

The Halka Karmchari, Parsa at Saran.

9.

Jaglal Sharma, S/o Ghan Chandra Sharma, resident of Village - Pachlakhi, P.S. - Parsa, District- Saran.

10.

Bansi Thakur, S/o Narayan Thakur, resident of Village - Pachlakhi, P.s.- Parsa, District- Saran.

11.

Heera Thakur, S/o Hari Thakur, resident of Village - Pachlakhi, P.S.- Parsa, District- Saran.

12.

Shivajee Thakur, s/o Ramdas Thakur, resident of Village - Pachlakhi, P.S.- Parsa, District- Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Singh, Advocate For the Respondent/s :

Mr.Subash Chandra Yadav, G.P.-15 Mr. Dhurjati Kumar, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 22-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition- "(i) To issuance of appropriate writ/ writs/ order/orders/direction in the nature of mandamus commanding the respondent no.6 to pass an

Patna High Court CWJC No.5507 of 2020 dt.22-11-2021 2/3 appropriate order of Memo No.1313 dated 14.09.2019 issued by Additional Collector, Saran at Chapra (Respondent No.4).

(iii) To any other relief for which the petitioner is found to be entitled in law".

3. The short facts of the case according to the petitioner are that the land measuring an area of 7 Bigha 11 Katha and 2 Dhur situated in Mouza Pachlakh appertaining to Khata No. 109, Survey Nos. 2285, 2287 and 2288 stood in the name of forefather of the petitioner in Survey Khatiyan, but Halka Karamchari in connivance with the Circle Officer has issued forged receipt of 11 Katha, 6 Dhur and created forged Jamabandi No.0165 in the name of Awatar Thakur. To know the real facts in relation to forged Jamabandi, the brother of the petitioner has filed an application on 06.08.2015 (Annexure-2) before the Circle Officer, Parsa. After lapse of four years, the Circle Officer, Parsa, Saran issued a notice to the petitioner to appear on 24.08.2019 at the Campus of Police Station, Parsa with regard to the complaint (Annexure-3).

When the Circle Officer, Parsa did not consider the claim and grievance of the petitioner, he filed an application before the Collector, Saran at Chapra on 26.08.2019 (Annexure-4) upon which the Additional Collector, Saran at Chapra issued a letter contained in Memo No. 1313 dated 14.09.2019 to the Circle Officer, Parsa to clarify what steps had been taken in the matter (Annexure-5).

Patna High Court CWJC No.5507 of 2020 dt.22-11-2021 3/3 Circle Officer on 06.01.2020 (Annexure-6) requesting him to apprise about the aforesaid letter dated 14.09.2019, but no reply has been communicated to the petitioner.

4. Learned counsel for the petitioner submits that despite the application having been filed on 26.08.2019 which was followed up by an application before the Circle Officer, Parsa on 06.01.2020, no further action appears to have been taken.

5. Learned counsel for the State appears and has been heard.

6. Having regard to the nature of the grievances of the petitioner, the writ petition is disposed of with a direction to the Circle Officer, Parsa, Saran (respondent no.6) to consider and dispose of the application of the petitioner said to have been filed on 06.01.2020, if still pending, on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, expeditiously and in any event preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 24.11.2021 Transmission Date N.A.