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Patna High CourtCWJC/5628/2025disposed

Om Prakash Chaudhary v. The State Of Bihar

2025-08-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5628 of 2025 ====================================================== 1.

Om Prakash Chaudhary son of Late Ramjag Chaudhary Resident of VillageMaharajganj, P.O.-Maharajganj, P.S.-Tilauthu, District- Rohtas. 2.

Srikant Chaudhary son of Late Ramjag Chaudhary Resident of VillageMaharajganj, P.O.-Maharajganj, P.S.-Tilauthu, District- Rohtas. 3.

Jay Nandan Kumar son of Late Ramjag Chaudhary Resident of VillageMaharajganj, P.O.-Maharajganj, P.S.-Tilauthu, District- Rohtas. 4.

Manoj Kumar son of Late Ramjag Chaudhary Resident of VillageMaharajganj, P.O.-Maharajganj, P.S.-Tilauthu, District- Rohtas. 5.

Prabhawati Gupta wife of Late Prabhu Dayal Chaudhary Resident of Village-Maharajganj, P.O.-Maharajganj, P.S.-Tilauthu, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The Collector cum District Magistrate, Rohtas, at Sasaram. 3.

The Land Reforms Deputy Collector, Dehri, District Rohtas, at Sasaram. 4.

The Circle Officer, Tilauthu, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr.Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2025

1. The present writ application has been filed for a direction to the respondent no. 4 - Circle Officer, Tilauthu, District: Rohtas to issue rent receipt in the name of petitioners pertaining to the land situated at R.S. Khata No. 69, R.S. Plot No. 225 having an area of 93 decimals situated at village- Alinagar, Thana No. 263, P.S. - Tilauthu, District: Rohtas.

Patna High Court CWJC No.5628 of 2025(2) dt.21-08-2025 2/3

2. Learned counsel for the petitioners submits that the father of the petitioners purchased 93 decimals of land through registered sale deed no. 10920 / 1969 on 04.08.1969 from Dwarika Prasad Agrawal, Premchand Agrawal and Badri Prasad Agrawal, sons of late Rameshwar Prasad Agrawal. The father of the petitioners Ramjag Chaudhary came in actual physical possession over the subject land from the date of purchase but due to mistake of Revisional Survey Authority in the R.S. Khatiyan the name of Anabad Bihar Sarkar has been recorded. In the year 1970 the father of the petitioners filed a suit under Section 106 of the B.T. Act before the Revenue Officer, Sasaram bearing Suit No. 313 of 1970 which was allowed on 18.12.1973 and the decree was passed on 21.12.1973.

After death of the petitioners' father, the petitioners came in actual physical possession. The petitioners have been approaching the respondent no. 4 time and again and have requested for issuance of rent receipt in their name and entry in the revenue record / register 2 on the basis of decree passed in the suit decided under Section 106 of the B.T. Act but the respondent no. 4 is sitting tight over the matter. Recently the petitioners have filed petition / representation before the Circle Officer, Tilauthu, District: Rohtas on 13.03.2024 and 19.12.

Patna High Court CWJC No.5628 of 2025(2) dt.21-08-2025 3/3 are annexed at Annexures- P2 & P3 but no action is being taken by the Circle Officer on the representation filed by the petitioners.

3. Learned counsel for the State submits that the Circle Officer, Tilauthu, District - Rohtas may be directed to decide the claim of the petitioners expeditiously in accordance with law.

4. Having heard learned counsel for the parties, considering the nature of prayer made in the writ application and the fact that petition / representation of the petitioners are pending before the Circle Officer, Tilauthu, District- Rohtas since 2024, I direct the respondent no. 4- Circle Officer, Tilauthu, DistrictRohtas to consider and dispose the claim of the petitioners in accordance with law after giving opportunity of hearing to all concerned within a period of six months from the date of receipt / production of a copy of this order.

5. With the aforesaid observation and direction, this application is disposed of.

(Anil Kumar Sinha, J) praful/- U