Surendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6260 of 2020 ====================================================== Surendra Das Son of Late Kalicharan Ram resident of Village- Sorabipar, P.O. Tungi, P.S. Deepnagar, District Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-Cum- Collector, Nalanda. 3.

The Sub- Divisional Officer Biharsharif, District Nalanda. 4.

The D.C.L.R, Biharsharif, District Nalanda.

5.

The Circle Officer, Biharsharif, District Nalanda. 6.

The Halka Karamchari Biharsharif (Gramin) Anchal Biharsharif, District Nalanda.

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

For the Petitioner :

Mr.Pankaj Kumar, Advocate For the Respondents :

Mr.Ram Shankar Prasad, AC to GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2022 Heard the parties.

The petitioner has filed this writ petition for quashing letter no.161 dated 16.01.2020 issued by the Circle Officer, Biharsharif by which the Circle Officer has reported that the petitioner is not in possession over Khesra No. 146/1540 Khata No. 8 area 0.07 acre situated in Mauza Rozebadre Alam, Thana No. 99 without making any local inspection and without going to the spot. The petitioner has also prayed for directing the Deputy Collector, Land Reforms to issue rent receipt in favour of the petitioner after creation of Jamabandi with regard to the

Patna High Court CWJC No.6260 of 2020(3) dt.20-06-2022 2/3 aforesaid land since the petitioner is residing there prior to vesting Zamindari on the basis of Hukumnama issued by the exlandlord Bibi Batulan Nisa and Maulvi Nisra Uddin Ahmad. Learned counsel for the State has filed a counter affidavit showing that the competent authority for issuance of rent receipt and creating Jamabandi is the Circle Officer and not D.C.L.R and the petitioner has approached wrong forum for the relief.

On being informed of the action of the State, learned counsel for the petitioner submits that the petitioner is ready to approach the Circle Officer concerned for creation of Jamabandi and issuance of rent receipt.

The petitioner will file an application before the Circle Officer, Biharsharif for creation of Jamabandi and issuance of rent receipt for the land of which details have been mentioned above, within two weeks from today and thereafter the Circle Officer will hold local inspection/enquiry of the land in question. The enquiry must be done with advance notice to the petitioner so that the petitioner is personally present on the spot for verification of the land and thereafter the Circle Officer shall pass appropriate order in accordance with law within five weeks from today.

Patna High Court CWJC No.6260 of 2020(3) dt.20-06-2022 3/3 With the aforesaid observation and direction, this writ petition is disposed of.

(Sandeep Kumar, J) BT/- U