Prahlad Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9564 of 2023 ====================================================== Prahlad Rajak Son of Late Jhari Lal Rajak, Resident of Purani Hospital Gali, P.O. and Police Station- Lakhisarai, District- Lakhisarai at Present residing at Rajbanshi Nagar, Patna, Market No. 2, Shop No. 21, Police Station- Shashtri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Lakhisarai.

3.

The Land Reforms Deputy Collector, Lakhisarai. 4.

The Additional Collector, Lakhisarai.

5.

The Circle Officer, Lakhisarai.

6.

Dev Narayan Arya Son of Late Lakhsmi Narayan Das, Resident of VillagePurani Hospital Gali, Pachna Road, Police Station- Lakhisarai, DistrictLakhisarai. 7.

Satya Narayan Arya Son of Late Lakhsmi Narayan Das, Resident of VillagePurani Hospital Gali, Pachna Road, Police Station- Lakhisarai, DistrictLakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarkant Singh, Advocate Mr.Subhash Kumar For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-10-2025

1. Mr. Amarkant Singh, learned counsel for the petitioner submits that the petitioner is the owner of the property situated in Thana No. 125, Khata No. 426, Khesra No. 408 having an area of 06 decimal. The land in question is the ancestral property of petitioner having an area of 6 decimal but the same has been mutated in the name of another person. The petitioner made a claim before the Circle Officer, Lakhisarai and vide Rent

Patna High Court CWJC No.9564 of 2023(3) dt.13-10-2025 2/3 Fixation Case No. 11 of 2011-12 which was disposed on 25.01.2013. Thereafter, the petitioner filed appeal before the D.C.L.R., Lakhisarai vide Rent Fixation Case No. 2 / 2012-13 which had also been dismissed on 24.01.2014.

2. The father of the petitioner was suffering from various disease due to which the petitioner could not take steps for filing of Revision before the Additional Collector, Lakhisarai, however, on the legal advice the petitioner filed an application for cancellation of 'jamabandi' of the respondent nos. 6 & 7 in 2022 which was not accepted by the ADM. The memo of appeal was returned back to the petitioner.

3. Learned counsel for the State submits that the petitioner may take recourse to Revision under Section 8 of the Bihar Land Mutation Act, 2011.

4. Considering the submission made by the parties and taking into consideration the nature of prayer made in the writ application, the same is disposed with liberty to the petitioner to file Revision before the learned Collector / A.D.M. of the district along with condonation of delay petition within a period of one month. If such a petition is filed along with condonation of delay petition, the Collector / A.D.M. shall dispose the application of the petitioner in accordance with law after giving

Patna High Court CWJC No.9564 of 2023(3) dt.13-10-2025 3/3 opportunity of hearing to all concerned including the private respondent nos. 6 & 7 within a further period of six months. (Anil Kumar Sinha, J) praful/- U