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Patna High CourtCWJC/10088/2019disposed

Dinesh Singh v. The State Of Bihar

2019-05-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10088 of 2019 ====================================================== Dinesh Singh S/o Late Indradeo Singh Resident of Bajitpur,P.O. Digha Ghat,P.S. Digha,Dist.-Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Collector, Patna 3.

The Addl. Collector, Patna 4.

Sub-Divisional Officer, Sadar, Patna 5.

Deputy Collector Land Reforms, Patna 6.

Circle Officer, Sadar Patna Dist.Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Singh For the Respondent/s :

Mr. Birendra Pd. Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2019 The petitioner has a grievance that despite his application having been filed before the Circle Officer, Patna Sadar, for creation of jamabandi in respect of the land, which was recorded in the name of his grandfather, no decision has yet been taken. A copy of the representation, dated 29.06.2018, has been brought on record by way of Annexure-2 to the writ application.

In my view, the petitioner has remedy under the provisions of Bihar Land Mutation Act, 2011, for the relief which the petitioner is seeking. The application, which the petitioner has filed before the Circle Officer, cannot be treated to be application under the provisions of the Bihar Land Mutation

Patna High Court CWJC No.10088 of 2019(2) dt.17-05-2019 2/2 Act, 2011. Chapter-II of the Bihar Land Mutation Act, 2011, deals with the process of filing mutation petition. Rule 3 of the Bihar Land Mutation Rules, 2012, deals elaborately the manner in which the application is required to be filed. In such view of the matter, this application is disposed of with liberty to the petitioner to invoke the provisions of the Bihar Land Mutation Act, 2011, read with the Bihar Mutation Rules, 2012 for redressal of his grievance.

This application stands disposed of.

It is indicated that if such an application is made before the competent authority, the same shall be disposed of within the period prescribed under the Act and the Rules. (Chakradhari Sharan Singh, J) Pawan/- U