Md. Ainul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8427 of 2016 ====================================================== Md. Ainul Haque Son of Late Atufal Hussain, resident of village - Kamat Hatgaon, P.S. Teragachh, District - Kishanganj .... .... Petitioner/s

Versus

1. The State of Bihar through the Director, Consolidation, Bihar, Patna

2. The Deputy Director, Consolidation, Kishanganj

3. The Consolidation officer, Teragachh, District Kishanganj

4. The Circle officer, Teragachh Anchal, District Kishanganj

5. Bibi Jaimuran Wife of Late Md. Israil, resident of village - Kamat Hatgaon, P.S. Teragachh, District - Kishanganj

6. Esat Begam D/o Late Ishaque Alam, resident of village - Kamat Hatgaon, P.S. Teragachh, District - Kishanganj

7. Rafat Begam D/o Late Ishaque Alam and Wife of Jadan Alam, resident of Farhara Bai, P.S. Teragachh, P.O. Teragachh, District - Kishanganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manendra KumarSinha, Adv. For the Respondent Nos. 1 to 4 : Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-11-2016 Heard.

The only grievance of the petitioner is that the rent receipt is not being issued to him by the Circle Officer, Teragachh, though he filed an appropriate petition for the same. In view of the nature of the grievances/ claims, the petitioner is granted liberty to file a proper petition in the prescribed format before the respondent Circle Officer, Teragachh under the provisions of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011') within a period of one month from today with a certified copy of the present order.

If such a petition is filed on behalf of the petitioner within the time prescribed, then the respondent Circle Officer, Teragachh shall be obliged to initiate a proceeding in terms of

Patna High Court CWJC No.8427 of 2016 (2) dt.29-11-2016 2/2 Section 3 of the Act, 2011 and shall take the aforesaid proceeding to its logical conclusion at an early date preferably within a period of three months from the date of filing of such petition, but before passing any final order, a reasonable opportunity of hearing must be given to all concerned including the petitioner and the private respondent nos. 5 to 7, besides others, if any. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided by the respondent Circle Officer, Teragachh strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U