Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6629 of 2023 ====================================================== Manoj Singh Son of Late Potan Singh, Resident of Village-Baghakhand, P.S.- Khaira, District-Jamui, Bihar.

... ... Petitioner/s

Versus

1.

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

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

The Additional District Magistrate, Jamui.

4.

The Deputy Collector, Land Reforms, Jamui.

5.

The Circle Officer, Khaira, ... ... Respondent 1st Set.

6.

Dilip Singh Son of Late Baij Nath Singh Resident of Village- Baghakhand, P.S.-Khaira, District-Jamui, Presently Resident at Bampas Town, P.S.- Deoghar, District-Deoghar, (Jharkhand) 7.

Mukhesh Singh Son of Late Baij Nath Singh Resident of VillageBaghakhand, P.S.-Khaira, District-Jamui, Presently Resident at Bampas Town, P.S.-Deoghar, District-Deoghar, (Jharkhand) 8.

Bipul Singh Son of Late Madan Singh Resident of Village- Baghakhand, P.S.-Khaira, District-Jamui, Presently Resident at Bampas Town, P.S.- Deoghar, District-Deoghar, (Jharkhand) 9.

Pawan Singh Son of Late Madan Singh Resident of Village- Baghakhand, P.S.-Khaira, District-Jamui, Presently Resident at Bampas Town, P.S.- Deoghar, District-Deoghar, (Jharkhand) 10.

Purshottam Singh Son of Late Madan Singh Resident of VillageBaghakhand, P.S.-Khaira, District-Jamui, Presently Resident at Bampas Town, P.S.-Deoghar, District-Deoghar, (Jharkhand). ... ... Respondent 2nd Set.

====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Rai, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed to correct the Jamabandi No.841/2862 which is running in the name of

Patna High Court CWJC No.6629 of 2023(2) dt.12-09-2023 2/3 Potan Singh who was father of the petitioner relating to Khesra No.2484, 2485, 2487 & 2488 under Khata No.15, Tozi No.345, Thana No.118, total area 2 Acres 50 Decimal which was originally recorded in the name of ancestor of petitioner namely Ambika Singh.

3. Learned counsel for the petitioner submits that in the Cadastral Survey Records of Right, the name of petitioner's ancestors are there but wrong Jamabandi has been opened.

4. Learned counsel for the State raised preliminary objection and submits that for the purpose of correction in the Jamabandi, there is a special statute under Section 9 of the Bihar Land Mutation Act, 2011 which empowers the Additional Collector of the District to correct the same.

5. In this view of the matter and as per the present legal position, the present Writ Petition stands disposed off with liberty to the petitioner that he shall avail remedy under Section 9 of the Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011) before Additional Collector, District Jamui within four weeks from today. The Additional Collector, District Jamui is directed that upon receiving the said application, he shall decide the same upon hearing all concerned within ten weeks from the date of filing of application under Section 9 of the Bihar Land

Patna High Court CWJC No.6629 of 2023(2) dt.12-09-2023 3/3 Mutation Act, 2011 by the petitioner.

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