Dukhit Choudhary And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21666 of 2014 ======================================================

1. Dukhit Choudhary Son of Late Mirja Choudhary

2. Ranjit Choudhary Son opf Late Khakhora Choudhary Both residents of Village - Goragawan, P.S- Shahpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revene and Land Reforms Department, Government of Bihar, Patna. null null

2. The District Magistrate, Patna

3. The Circle Officer, Block - Danapur, District - Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Dubey, Adv. For the Respondent/s : Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-11-2016 The petitioners have filed the present writ petition for a direction to the respondent authorities to mutate their names with respect to the lands in question, fully detailed in paragraph-1 of the writ petition itself, and allow them to deposit the rent to the State Government.

In the present case, a counter-affidavit has been filed on behalf of the respondent nos. 1 to 3, wherein it has been stated that the claims raised on behalf of the petitioners for mutation of their names with respect to the lands in question have already been rejected by the respondent Anchal Adhikari, Danapur by order dated 17.12.2014/ 20.12.2014 passed in Jamabandi Correction Case No. 20 of 2014-15. The aforesaid order passed by the respondent Anchal Adhikari has been brought on the record as Annexure-A to the aforesaid counter-affidavit. The facts pleaded in the aforesaid counter-affidavit have not been controverted by the petitioners by filing any rejoinder

Patna High Court CWJC No.21666 of 2014 (2) dt.28-11-2016 2/2 affidavit.

In view of the fact that the claims raised on behalf of the petitioners with respect to the lands in question have been rejected by the respondent Anchal Adhikari, Danapur, the reliefs prayed for on behalf of the petitioners cannot be granted. The writ petition is devoid of merits and is, accordingly, dismissed. However, a liberty is granted to the petitioners to assail the validity and correctness of the aforesaid order dated 17.12.2014/ 20.12.2014 (Annexure-A) before the appropriate authority/ forum/ court in accordance with law.

(Birendra Prasad Verma, J) BTiwary/- U