Govind Prasad Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19157 of 2014 ====================================================== Govind Prasad Yadav S/O Late Gopal Prasad Yadav, resident of VillageSrirampur, Post- Bhitiharwa, P.S.- Gawnaha, District- West Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate, Bettiah, West Champaran 3.
The Additional Collector, Bettiah, West Champaran 4.
The Sub-Divisional Officer, Narkatiyaganj, West Champaran 5.
The Land Revenue Deputy Collector, Gaunaha, West Champaran 6.
The Circle Officer, Gaunaha, West Champaran 7.
The Halka Kramchari, Gaunaha, West Champaran 8.
Sukhdev Prasad Yadav, S/o Late Hari Prasad Yadav, resident of villgeSrirampur, Post- Bhitiharwa, P.S.- Gaunaha, District- West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Bihari Tiwary, Advocate For the Respondent/s :
Mr.Gp2- R.K. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2025 Heard the parties.
2. The present petition has been preferred for :- "(i) In the nature of "Certiorari" for setting aside the letter no. 381 dated 10.07.2014 issued under the signature of Sub Divisional Officer, Narkatiyaganj whereby and whereunder the Circle Officer, Gaunaha has been directed to present proposal before Land Reform Deputy Collector for cancelling the settlement made in the favour of the petitioner by the Additional Collector, Bettiah vide letter no. 125 dated 25.01.2010.
Patna High Court CWJC No.19157 of 2014(2) dt.01-07-2025 2/3 (ii) In the nature of "Certiorari" for setting aside the Settlement case no. 01/08-09 pending before Circle Officer, Gaunaha whereby and whereunder the circle officer has started proceeding for cancelling the settlement made in the favour of the petitioner, Govind Yadav vide settlement case no. 156/03-04.
(iii) In the nature of "Mandamus" for directing and commanding the respondent authorities to declare the petitioner as landowner of the land in question which has been settled in the name of the petitioner, Govind Yadav by L.R. No. 432/03-04 and Circle Settlement case no. 156/03-04."
3. A counter affidavit was filed a decade ago on behalf of the respondent no.1 to 6 duly signed by Circle Officer, Gaunaha, West Champaran, in which in paragraph 17, it has been recorded that after receipt of the proposal for cancellation of Jamabandi No.789, Jamabandi Cancellation Case No.53 of 2015-16 was instituted which notices have been issued amongst other to the writ petitioner and the matter is pending before the Additional Collector, West Champaran at Bettiah.
4. Upon query, neither the petitioner nor the State counsel is unable to provide details as to the fate of the case pending before the Additional Collector, West Champaran.
Patna High Court CWJC No.19157 of 2014(2) dt.01-07-2025 3/3
5. In that background instead of keeping the case pending, it being of the year 2014 and asking for reply after imposing cost upon the State, it would be appropriate that the writ petition is disposed off directing the Additional Collector, West Champaran at Bettiah to take the matter to its logical conclusion, if still not been concluded.
6. Needless to state, if the same has been disposed off, petitioner can approach appropriate authority/court for the redressal of his grievance, if the order has been passed against him.
7. With the aforesaid direction, the writ petition is disposed off.
(Rajiv Roy, J) Saurav/- U