Chandrakanta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19372 of 2015 ====================================================== Chandrakanta Devi Wife of Sri Chandra Chur Jha a Resident of Village Sonbarsa, Police Station- Sonbarsa Raj, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Saharsa.

3.

The D.C.L.R. Saharsa.

4.

Circle Officer Sonbarsa Raj, District- Saharsa. 5.

Halka Karamchari, Sonbarsa Raj, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kishore Singh, Adv.

:

Mr. Anil Kumar, Adv.

For the Respondent/s :

Mr. Subodh Kumar, AC to SC-26.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondent authorities to grant receipt of the land measuring an area mentioned in Jamabandi register and accept the rent since the date of mutation for an area measuring 2.06 acre.

3. Learned counsel for the petitioner submits that the land of petitioner appertaining to Khata No.697, Plot No.1304 was an area of 2.06 acre but the petitioner became surprised to know that in her Jamabandi case the said land is showing only

Patna High Court CWJC No.19372 of 2015(2) dt.19-09-2023 2/3 1.73 acres, thereafter the husband of petitioner filed application before the Circle Officer, Sonbarsa Raj, Saharsa for taking action against the Halka Karmachari, Sonbarsa Raj, Saharsa for the issuance of wrong and incorrect rent receipt as the Jamabandi No.1989, having total area 2.06 acre running in the name of petitioner then without any basis, creation of new Jamabandi in the name of other person is basically an illegal steps.

4. Learned counsel for the State submits that after filing of the writ petition, the inquiry was done and it has been found that the contention of petitioner is correct and a new Jamabandi No.2425 has been created in the name of other person than the petitioner for 0.33 decimal of land. In this background, the Circle Officer has prepared report and submitted it to the Deputy Collector, Land Reforms and Deputy Collector, Land Reforms subsequently referred the matter before the Additional Collector, Saharsa under heading Jamabandi Cancellation Case No.05 of 2017-18 which is annexed as Annexure-B to the writ petition.

5. In reply to the counter affidavit, learned counsel for the petitioner submits that filing/ creation of record relating to cancellation of Jamabandi Cancellation Case No.05 of 2017-18

Patna High Court CWJC No.19372 of 2015(2) dt.19-09-2023 3/3 is basically an eye wash and till date no final order has been passed in Jamabandi Cancellation Case No.05 of 2017-18.

6. In this view of the matter, the petitioner is directed to file his entire documents before the Additional Collector, Saharsa in Jamabandi Cancellation Case No.05 of 2017-18 and the Additional Collector, Saharsa is directed to pass final order relating to the land of petitioner after hearing all the concerned parties within three months from the date of appearance of all the interested parties in this matter.

7. With this observation and direction, the present Writ Petition stands disposed off.

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