Nagina Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4590 of 2009 ====================================================== Nagina Singh son of Late Bilash Singh, resident of village- Chiraribigha, P.O. Kochhasha, P.S. Kinjar, Distrit- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Magadh Range, Gaya.

3. The District Magistrate, Arwal.

4. The Sub-Divisional Officer, Arwal.

5. The Circle Officer, Karpi, Arwal.

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

For the Petitioner/s : Mr. Amit Shankar Mr. Dileep Kumar Jha For the Respondent/s : Mr. Syed Arshad Alam, SC-3 Mr. Mahtab Alam, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-12-2015 Heard.

In view of the nature of grievance raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh petition under the provisions of The Bihar Land Mutation Act, 2011 (In short 'Act, 2011') before the competent authority for mutation of the lands claimed by the petitioner. It is ordered accordingly.

If an appropriate petition is filed by the petitioner within a period of one month from today with a certified copy of the present order in terms of Section 3 of the Act, 2011, then the concerned Anchal Adhikari shall be obliged to consider and decide the claim of mutation raised on behalf of the petitioner strictly in accordance with law, but before passing any final order, opportunity of hearing must be given to all concerned persons having claims over the lands claimed by the petitioner.

Patna High Court CWJC No.4590 of 2009 (6) dt.09-12-2015 2/2 The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U