Pawan Kumar @ Pavan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12710 of 2021 ====================================================== Pawan Kumar @ Pavan Kumar Son of Late Mangal Prasad Resident of Village- Jamuniya Kawaiya, P.S.- Ghora Sahan, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, New Secretariat Patna.

2.

The District Collector cum District Registrar, Motihari, East Champaran, Motihari.

3.

The Additional Collector, Motihari, District- East Champaran, Motihari. 4.

The Land Reforms Deputy Collector, Sikrahana, Dhaka, District- East Champaran, Motihari.

5.

The Sub- Registrar, Chhoudadano, District- East Champaran, Motihari. 6.

The District Sub- Registrar, Motihari, District- East Champaran. 7.

The Circle Officer, Ghorasahan, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sajid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner, learned counsel for the respondents.

The petitioner has filed instant application for the following relief(s) :

"That this writ petition is being preferred on behalf of the petitioner above named for the issuance of writ in the nature of writ of mandamus directing and commanding upon the concerned respondent-authorities to remove the petitioner's land at village Jamunia Kawaiya and Jamuniya Baidhnathpur from the list of Surplus land, as per the District. Gazette

Patna High Court CWJC No.12710 of 2021(3) dt.25-04-2023 2/3 Notification dated 07.04.2001 has been published by the Government of Bihar. And thereafter directing the Registering authority (Respondent no.5 and 6) to register the above land of the petitioner if it is sold by him.

And/or pass such other order/orders, direction/directions as your Lordships may deem fit and proper."

Learned counsel for the petitioner submits that the prayer of the petitioner in the instant writ application was for directing the respondent authorities to remove the petitioner's land at village Jamunia Kawaiya and Jamuniya Baidhnathpur from the list of surplus land as per the District Gazette Notification dated 7.4.2001 which has been published by the Government of Bihar and thereafter directing the registering authority (respondent nos. 5 and 6) to register the above land of the petitioner if it is sold by him.

Learned counsel for the petitioner submits that a counter affidavit has been filed on behalf of respondent nos. 2 to 7 wherein by way of Annexure-A to the said counter affidavit a copy of the notice contained in memo 2284 dated 22.9.2022 sent by the District Sub-Registrar, East Champaran, Motihari has been brought on record. From

Patna High Court CWJC No.12710 of 2021(3) dt.25-04-2023 3/3 perusal of the contents of the said notice, it transpires that the petitioner has been communicated that the land which was in the unit of Gayatri Devi, a decision has been taken by the District Level Committee to remove the same from the list of lands of which registration could not take place. He is further being communicated that he may come and take steps for registration of the land in question. In view of the contents of the said order as contained in Annexure-A of the counter affidavit, the petitioner does not want to press the instant writ application. The writ application stands disposed of as not pressed.

(Partha Sarthy, J) Prakash/Ayush U T