← Library
Patna High CourtCWJC/6537/2024dismissed

Manoj Kumar v. The State Of Bihar

2024-07-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6537 of 2024 ====================================================== Manoj Kumar Son of Late Kesri Sao, Resident of Village- Sidharth Nagar, Miyabigha Police Station and Anchal- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Divisional Commissioner, Gaya Division, Gaya. 3.

The District Magistrate, Gaya.

4.

The Sub Divisional Officer, Gaya Sadar, District- Gaya. 5.

The Circle Officer-cum-Anchaladhikari, Bodh Gaya, District- Gaya. 6.

Ramdudtt Singh, son of Late Chhotu Singh, Resident of Village- Badki Babhni, Police Station- Magadh University, Bodh Gaya, District- Gaya. 7.

Ranjita Devi, Wife of Subhas Kumar, Resident of Ramna Road, Gali, Near Lalti Devi Raj Place, Police Station- Civil Lines, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Respondent/s :

Mr.Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) A writ in the nature of Mandamus commanding and directing upon the respondents concerned specially Respondent No.1 to 3 to look into the arbitrary and malicious action of Respondent No. 5 i.e. Circle Officer, Bodh Gaya who passes order with regard to mutation of land as per his own whims contrary to settled Principal of Mutation Proceeding and

Patna High Court CWJC No.6537 of 2024(2) dt.01-07-2024 2/3 related mutation Act and Rules and despite objection raised by petitioner on a particular case in which Respondent Circle Officer, Bodh Gaya had refused mutation on the basis of objection raised by Private Respondent No. 6 but subsequently under some circumstances despite objection filed by present petitioner mutation has been allowed in favour of Private Respondent No. 7 which shows the illegal action of Respondent Circle Officer.

(ii) For further direction upon the Respondents concerned specially Respondent no. 1 to take appropriate action against Respondent Circle Officer, Bodh Gaya from administrative side also taking into consideration the whimsical and arbitrary act of Circle Officer, Bodh Gaya causing much harassment and inconvenience to the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for

Patna High Court CWJC No.6537 of 2024(2) dt.01-07-2024 3/3 redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U