Shiv Shankar Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21950 of 2013 ====================================================== Shiv Shankar Bhagat, S/O Late Sri Lakhan Bhagat, Resident Of Village+ P.O. +P.S. - Obra, District - Aurangabad .... .... Petitioner/s

Versus

1. The State Of Bihar through the Collector, Aurangabad

2. The District Collector, Aurangabad

3. The Circle Officer Obra, Anchal Obra, District - Aurangabad

4. Girija Bhagat S/O Late Banshi Bhagat

5. Ashok Bhagat, Son Of Girija Bhagat

6. Anil Bhagat, Son Of Girija Bhagat

7. Arun Bhagat, Son Of Girija Bhagat All Resident Of Village - Obra, P.O. & P.S. - Obra, District - Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.R.K.P. Singh, Adv. Mr. Birendra Kumar Singh, Adv.

For the Respondent nos.1to3 : Mr. Uday Bhan Singh, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 Heard the parties.

In view of the nature of the grievances raised on behalf of the petitioner in the present writ petition, the petitioner is directed to approach the concerned Circle Officer by filing a petition in the prescribed format under the provisions of Section 3 of The Bihar Land Mutation Act, 2011.

If such a petition is filed on behalf of the petitioner within a period of one month from today, after impleading all the necessary parties, with a certified copy of the present order, then the concerned Circle Officer shall be obliged to consider and decide the claims of the petitioner, after giving an opportunity of hearing to all concerned including the petitioner as also the private respondent nos.4 to 7, besides others, if any, by a reasoned and speaking order at an early date preferably within a period of three

Patna High Court CWJC No.21950 of 2013 (2) dt.18-12-2015 months from the date of filing of such petition by the petitioner. If on consideration of the materials and after hearing the parties, the concerned Circle Officer comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential order shall also be issued for grant of such admissible claims.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and it is left to be decided by the concerned Circle Officer strictly in accordance with law.

The parties shall be at liberty to raise all the issues of facts and law, which may be available to them, with respect to the lands in question before the Circle Officer concerned. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U