Shyamdev Prasad Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8859 of 2020 ====================================================== Shyamdev Prasad Choudhary, aged about 62 years, Male Son of Krishnadev Prasad Choudhary, Resident of Village- Dighri Binodpur, P.S.- Korha, District- Katihar, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna- 800015. 2.

District Collector, Katihar.

3.

Additional Collector, Ceiling, Katihar, District- Katihar. 4.

Circle Officer, Korha, Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Kumar Sharma, Advocate For the State :

Mr. Md. Khurshid Alam, AAG 12 with Ms. Nutan Sahay, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021 The matter has been heard via video conferencing.

2. Heard Mr. Rohit Kumar Sharma, learned counsel for the petitioner and Mr. Md. Khurshid Alam, learned AAG 12 along with Ms. Nutan Sahay, learned AC to AAG 12, for the State.

3. The petitioner has moved the Court for the following reliefs:

Patna High Court CWJC No.8859 of 2020 dt.29-01-2021 2/3 "1. That this application is being filed by the petitioner, which is in the nature of mandamus for direction to the respondent no. 3, to dispose of the Misc. Ceiling Case No. 24/15-16 which is pending in the Court of Additional Collector, Ceiling, Katihar which was filed on 30th of March 2016, within a reasonable period of time. And further for issuance of a consequential writ of the nature of mandamus, directing and commanding the authorities to pass the order in the light of the order dated 22nd of March, 1994, which was passed by the District Collector, Katihar in Misc. Ceiling Case No. 422/1988-89. By which order, the District Collector ordered to denotify, the notification no. 605, dated 12th March 1984, that was published in Dist. Gazette No. 22 dated 16.3.1984. But due to negligence and unawareness of the respondents, it could not be done till date."

4. The basic grievance of the petitioner is that Miscellaneous Ceiling Case No. 24/2015-16, is pending before the Additional Collector, Ceiling, Katihar (respondent no. 3) since 30.03.2016. The prayer is that a direction be given to dispose off the same.

5. Learned counsel for the State fairly submitted that if the proceeding is pending, the Court may fix a time for its final disposal.

6. In view thereof, the writ petition stands disposed off with a direction to the respondent no. 3 to ensure that Miscellaneous Ceiling Case No. 24/2015-16, is finally disposed off, in accordance with law, expeditiously and latest within three

Patna High Court CWJC No.8859 of 2020 dt.29-01-2021 3/3 months from the date of production of a copy of this order before him, if already not disposed off.

7. The Court would indicate that it has not expressed any opinion on the merits of the matter.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T