Vinay Kumar Roy @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5897 of 2023 ====================================================== Vinay Kumar Roy @ Vinay Kumar Son of Late Ganga Dayal Roy, Resident of Village- Samasthu Asthan Bihta, Post Office- Bihta, Police Station- Bihta, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

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

The Additional Collector, Patna.

4.

The Deputy Collector Land Reforms, Danapur, Patna. 5.

The Anchaladhikari (Circle Officer), Bihta, District- Patna. 6.

Ravindra Roy, Son of Raghu Roy, Resident of Village- Samasthu Asthan Bihta, Post Office- Bihta, Police Station- Bihta, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Pankaj, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondents to decide the petition dated 04.01.2023 (Annexure-9) by which the petitioner has demanded the relief with regard to cancellation of Jamabandi and also to provide rent receipts as demanded vide Annexure-8.

3. Counsel for the State has raised preliminary objection before this court and submits that the statutory remedy lies to the petitioner by way of filing application under Section 9

Patna High Court CWJC No.5897 of 2023(2) dt.29-08-2023 2/2 of the Bihar Land Mutation Act, 2011 (Bihar Act 23, 2011) and subsequently to file application for issuance of rent receipts.

4. In the light of the submissions made above, this writ petition stands disposed of directing the petitioner to avail his remedy under Bihar Land Mutation Act, 2011 within 4 weeks from today and the Additional Collector, Patna is directed to pass a reasoned and speaking order on the application filed by the petitioner under Section 9 of the Bihar Land Mutation Act, 2011 within 3 months from the date of production of the order, after hearing all the concerned parties.

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

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