Bhagat Infrastructure And Development Pvt. Ltd. v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11579 of 2024 ====================================================== Rashid Khan S/o- Late Abdul Majid Khan, Presently resides at MILAT Colony, Haspura, P.S. and P.O.- Haspura, District- Aurangabad, Bihar, Pincode- 824120, Permanent Resident of Malhipatti, P.O.- Baidradad, P.S.- Arwal, District- Arwal, Bihar, Pincode- 804402. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reform Department.

2.

The District Magistrate, Arwal.

3.

The Additional Collector, Arwal.

4.

The D.C.L.R Arwal.

5.

The Circle Officer, Arwal.

6.

Siddheshwar Singh S/o- Late Dev Sharan Singh Resident of villageumerabaad, P.O.- Baidrabad P.S.- Arwal District- Arwal, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Azimuddin, Adv.

For the Respondent/s :

Mr.Government Pleader (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 05-08-2024 Learned counsel for the petitioner prays for and is allowed to make necessary correction in the cause-title of the present writ petition in course of the day.

2. Heard learned counsel for the parties.

3. In this writ application, the petitioner has prayed for following relief:- "1. That the present writ application is being filed for issuance of appropriate Writ/Writs, direction/directions, Order/ Orders, for directing and commanding the respondent Additional

Patna High Court CWJC No.11579 of 2024 dt.05-08-2024 2/3 Collector Arwal to pass the order or dispose of the Case of Cancellation of Jamabandi Case No. 57/AC/2022 which is pending before the Additional Collector, Arwal. Further pray for cancellation of Jamabandi of Mauja Mahuari Nurullah, Thana No.25 Khata No-22/49, Plot No 335/383, Total area of 1.82 acres where has been illegally made Jamabandi on the name of Respondent No- 6, Late Dev Sharan Singh (Father of Respondent No. 6) and Late Dev Charan Singh (Father's Brother of Respondent No. 6) and also for grant of any other relief/reliefs for which the Petitioner is found entitled in the facts and Circumstances of the Case."

4. The matter relates to 1.82 acres of land in Mauja Mahuari Nurullah, Thana No. 25, Khata No. 22/49, Plot No. 335/383.

5. At the outset, the learned counsel for the petitioner seeks a direction upon the Additional Collector, Arwal to dispose of the Jamabandi Case No. 57/AC/2022 which is pending before him within a fixed time frame.

6. Per contra, the learned counsel for the respondent-State, without filing counter affidavit in the matter, submits that in case the aforesaid Jamabandi Case No. 57/AC/2022 is still pending, the same shall be disposed of, within a stipulated time frame, as is fixed by this Hon'ble Court.

7. Having heard learned counsel for the parties and

Patna High Court CWJC No.11579 of 2024 dt.05-08-2024 3/3 considering the entire facts and circumstances of the case, this Court in the interest of justice deems it fit and proper to direct the Additional Collector, Arwal/Respondent No.3 to dispose of the aforesaid Jamabandi Case No. 57/AC/2022 by passing a final order in accordance with law and after hearing the affected parties, within a period of three months from the date of receipt/production of a copy of this order.

8. The writ petition stands disposed of on the aforesaid terms.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2024 Transmission Date