Akhlaque Anjana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4603 of 2023 ====================================================== Akhlaque Anjana son of Late Ainuddin, Resident of Village- Belwa, P.O.- Belwa, Police Station- Kishanganj, District- Kishanganj (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2.

The Additional Chief Secretary, Land and Revenue Department, Government of Bihar, Old Secretariat, Patna.

3.

The Director Consolidation Bihar, 4th Floor, Land Development Bank, Budh Marg, Patna.

4.

The Joint Director, Consolidation (HQ) Bihar, 4th Floor, Land Development Bank, Budh Marg, Patna.

5.

The Deputy Director, Survey, Guljarbagh Press, Guljarbagh, Bihar, Patna. 6.

The Deputy Director Consolidation, Kishanganj. 7.

The Circle Officer Cum- Consolidation Officer Kishanganj P.O. and P.S.- Kishanganj, Near M.V.I. Office Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam ( AAG-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondent (Director Consolidation) to correct the Chak Map as per the Chak Khatiyan of Chak Khata no. 170, which was wrongly prepared because of clerical mistake committed by the concerned officials for which the petitioner has been filed representation before the Director Consolidation vide Annexure-4, but no action has been taken in this regard.

3. Counsel for the petitioner has annexed a letter issued from Director Consolidation to the Deputy Director Consolidation, Assistant Director Consolidation Officer vide

Patna High Court CWJC No.4603 of 2023(2) dt.09-08-2023 2/2 Memo No.- 683 (Chak) dated 07.05.1991 in which there is a categorical direction that the correction even after denotification under Section 26(A) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act 22 of 1956) has been made then, also the correction can be ratified.

4. In this view of the matter, the State submits that the Director Consolidation, Bihar may be directed to consider the representation of Annexure-4 and pass a reasoned and speaking order in this regard.

5. In this background, the petitioner is directed to represent before the Director Consolidation Bihar afresh within 4 weeks from today and the Director Consolidation Bihar is directed to pass a reasoned and speaking order in the light of the annexures annexed in the writ petition.

6. The petitioner shall attach the copy of the writ petition with his representation filed before the Director Consolidation Bihar.

7. With the aforesaid direction, the present writ application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U