Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.177 of 2021 In Civil Writ Jurisdiction Case No.3834 of 2020 ====================================================== Arun Singh Son of Sukhdev Singh Resident of Village- North Ladms, Alamnagar, Ward No. 8, P.S.- Alam Nagar, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Sri Vivek Kumar Singh, Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

Alok Ranjan Ghosh, Collector, District- Khagaria. 4.

Shatrunjay Kumar Singh, Additional Collector, District- Khagaria. 5.

Sanjay Kumar, Deputy Collector, Land Reforms, Gogri, District- Khagaria. 6.

Kumar Ravindra Nath, Circle Officer, Gogri, Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bidhanesh Misra, Advocate Ms. Taniya Kumari Mishra, Advocate For the Opposite Party/s :

Mr. AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-04-2024 Heard learned counsel for the petiioner and the State.

2. The present petition has been preferred for compliance of order dated 19.02.2020 passed in CWJC No. 3834 of 2020 by which the Circle Officer, Gogri was directed to pass an order on the representation of the petitioner in accordance with law.

3. Learned AC to SC-19 submits that he do not have file with him and as such, is unable to assist the Court.

4. A show cause on behalf of opposite party no. 6, the

2/4 Circle Officer, Gogri is on record and paragraph 6 read as follows:

"6. That, in the light of the direction passed by this Hon'ble Court as soon as the order passed by this Hon'ble High Court was received by the Circle Officer, Gogri and a Miscellaneous Case No.01/20-21 was initiated and report was called for from the Revenue Karmachari.

From the perusal of the Revenue Karmachari report it transpires that "आवेदक केवंशजलललतगोदीकेनामसेजमाबंदीनं०दोबाराखोलकररकवा21 बीघा11 कट्ट्ठा धुरदजरहैजोप्रथमदृलषटयादेखनेसेही संदेहासपदप्रतीतहोताहै।ततकालीनराजसव कमरचारीश्रीफुलेनद्रप्रसादलसंहके फजीर हसताकरयुकतरसीदकेआधारआवेदनअपनी दावेदारीपेशकरतेहै।आवेदकदारासंलगन रसीदसं0 206612, 206610, 206614 लदनांक 31/03/20214 काभंडारपंजीसेलमलानलकया। हलकानं0-6 मेयहरसीदसं०जारीहीनहींलकया गया।ततकालीनकमरचारीके दाराआवेदक आवेदनपत्रकेसाथसंलगनL. P.C. क्रमांक1316, 1314, संदेहासपद है 135 लदनांक 27/06/2014 भीआवेदकदारालदयेगयेरकवा 138-12-00 परदावालकयाजाताहैजबलक सथलनपरआवेदककावरोरंसेकोईदखलनहींहै ।अतःसंलगनलगानरसीदकीछायाप्रलतकी पंजीII कीजाँचसेसपषटहैलकआवेदककेदारा

3/4 फजीररसीदउपसथालपतकरअपनीदावेदारीकरते हैलजसकोसतयालपतनहींकीजासकतीहै। सथलपरअनयरैयतोकादखलहै।रसीदलनगरत होनेसेलकसीभसीअलप्रयघटनाहोनेसेइनकार नहींलकयाजासकताहै।" Meaning thereby the claim of the petitioner is not maintainable as per report dated 07.04.2020 submitted by the Revenue Karmachari".

5. In paragraph 7, he has further claimed that the petitioner has not appeared to explain his claim and as such, he has been noticed.

6. As the office of SC-19 do not have a copy of petition and/or the show cause, naturally, no updated supplementary show cause is on record whether any order has been passed by the Circle Officer, Gogri or not.

7. In that view of the matter and since no assistance is expected from the office of SC-19, it would be appropriate that the Circle Officer, Gogri is directed to dispose of the representation of the petitioner within four weeks from today, if not disposed of and a report to this effect shall be sent in a sealed cover to this Court directly.

8. It is made clear that failure to do so, the contempt application shall be revived.

9. The MJC No. 177 of 2021 stands disposed of with

4/4 the aforesaid observation.

10. List this case under the heading 'To be Mentioned' after eight weeks to peruse the report submitted by the Circle Officer, Gogri.

(Rajiv Roy, J) kiran/- U