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Patna High CourtCWJC/8977/2025disposed

Lalbabu Sah v. The State Of Bihar

2025-06-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8977 of 2025 ====================================================== Lalbabu Sah Son of Ramvriksh Sah, Resident of Village- Mankarwa, P.OMankarwa, P.S.- Phenhara, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The District Magistrate cum Collector, East Champaran at Motihari. 4.

The Sub Divisional Officer, Pakaridayal, East Champaran. 5.

The Circle Officer, Phenhara Anchal, District- East Champaran. 6.

The District Panchayati Raj Officer, District- East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Respondent/s :

Mr. Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2025

1. Heard learned counsel for the petitioner and learned AC to SC-9.

2. The learned counsel for the petitioner submits that the land in dispute in the instant writ application pertains to Khata No.208, Khesra No.479, Area 50 decimal, Mauza-Mankarwa, Thana No.225, District- East Champaran. It is next submitted that the land in dispute originally belonged to Siya Devi in whose name Jamabandi No.67 was created. It is submitted that Siya Devi had three sons, namely, Shyam Nandan Singh, Ram Nandan Singh and Bindeshwari Singh. It is submitted that Bindeshwari Singh had one son Bipin Kumar Singh as such Bipin Kumar Singh is

Patna High Court CWJC No.8977 of 2025(2) dt.26-06-2025 2/3 grandson of Siya Devi. It is next submitted that the petitioner purchased the land in dispute from Bipin Kumar Singh by a registered sale deed no.1086 dated 30.03.2010 (Annexure-2), thereafter applied online for seeking mutation on 21.01.2022 before the Circle Officer, Phenhara as would manifest from Annexure-3 to the writ application. It is next submitted that mutation application of the petitioner filed online on 21.01.2022 is still pending consideration. It is submitted that Mahendra Sahni and Virendra Prasad Singh also purchased land of the same khata and khesra from other legal heirs of Siya Devi and they applied for mutation and the same was done but the case of the petitioner for reason best known is still pending adjudication.

3. It is submitted that on one hand the application of the petitioner seeking mutation has been kept pending while on the other hand the Circle Officer vide his letter no.100 dated 11.04.2025 addressed to the petitioner has informed that the land in dispute has been earmarked for construction of Panchayat Sarkar Bhawan. Accordingly, the petitioner represented before the Circle Officer, Phenhara bringing to his notice the facts as recorded hereinabove for redressal of his grievance on 22.04.2025 but then the representation of the petitioner till date is pending consideration.

4. The learned counsel appearing on behalf of the State

Patna High Court CWJC No.8977 of 2025(2) dt.26-06-2025 3/3 submits that it appears that the said representation was sent by post and in support of the same tracking report has been annexed as Annexure-P/6 to the writ application. It is submitted that it might be a possibility that representation of the petitioner may not be found in the office of the Circle Officer, as such the petitioner be given liberty to file a fresh representation, on which, the learned counsel for the petitioner submits that petitioner will file a fresh representation before the Circle Officer with all relevant documents and facts relating to the land on or before 11.07.2025.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the Circle Officer, Phenhara on or before 11.07.2025 with all relevant documents relating to land. In the event if any representation is filed by the petitioner on or before 11.07.2025, in that event, the Circle Officer, Phenhara shall consider and dispose of the same within a period of two months thereafter, after giving proper opportunity of hearing to the petitioner.

(Satyavrat Verma, J) amit/- U