Ramanand Rai @ Rama Nand Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18883 of 2014 ====================================================== Ramanand Rai @ Rama Nand Mandal, Son of Ram Balak Rai, resident of Village Arara, Police Station - Hazipur, Sadar District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Land Reforms Deputy Collector, Hazipur, Vaishali.

3. The Anchaladhikari, Hazipur, Vaishali.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyam Sunder Pandey For the Respondent/s : Mr. Md.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-10-2016 The only grievance of the petitioner in the present writ petition is that a petition for mutation filed on his behalf is not being disposed of by the respondent Anchal Adhikari, Hajipur, Vaishali.

The learned SC-25 appearing on behalf of the respondents submits that, in the whole writ petition, the petitioner has not disclosed the number of the case filed by him for mutation of the lands in question.

Be that as it may, the present writ petition is disposed of with a liberty to the petitioner to file a fresh petition under the provisions of Section 3 of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011') and the Rules made thereunder in the prescribed format before the respondent Anchal Adhikari, Hajipur, Vaishali after impleading all the necessary parties.

If an appropriate petition is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent Anchal Adhikari,

Patna High Court CWJC No.18883 of 2014 (2) dt.17-10-2016 Hajipur, Vaishali shall be obliged to initiate a proceeding under the provisions of the Act, 2011 and the Rules made thereunder and shall further be obliged to take it to its logical conclusion strictly in accordance with law.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question and it is left to be decided by the statutory authority strictly in accordance with law after giving an opportunity of hearing to all concerned including the petitioner and other private individuals, if any.

The writ petition stands finally disposed of with the above observations/directions.

Arvind/- (Birendra Prasad Verma, J) U