Poonam Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4971 of 2015 ====================================================== Poonam Sinha, wife of Upendra Yadav, resident of Mohalla Chirayyatad, P.S. Rampur District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Revenue, Vikash Bhawan , Bailey Road, Patna.

2. The District Magistrate , Gaya.

3. The Deputy Collector Law Reforms , Sadar Gaya, Gaya.

4. The Circle Officer, Chandauti Circle, Gaya.

5. The Revenue Officer, Gaya.

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

For the Petitioner/s : Mr. Madheshwar Singh, Adv. For the Respondent/s : Mr. Niraj Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-01-2017 Heard.

The grievance of the petitioner in the present writ petition is that, despite the representation filed by her, rent receipt is not being issued in her favour with respect to the lands in question mentioned in paragraph 1 of the writ petition. In view of the nature of the grievances/claims raised on behalf of the petitioner, this Court is of the opinion that, for redressal of her valid grievances, she must file an appropriate petition in the prescribed format before the respondent Circle Officer, Chandauti in terms of Section 3 of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011') after impleading all the necessary parties including the respondents herein. If such a petition is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent Circle Officer, Chandauti shall be obliged to initiate a proceeding under the provisions of the

Patna High Court CWJC No.4971 of 2015 (3) dt.16-01-2017 Act, 2011 and shall pass an appropriate final order with respect to the claims raised on behalf of the petitioner at an early date preferably within a period of three months from the date of filing of such petition, but, before passing any final order, an opportunity of hearing must be given to all concerned including the petitioner, the respondents herein and the private individuals, if any. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U