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Patna High CourtCWJC/10956/2022disposed

Sanjay Singh v. The State Of Bihar

2022-09-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10956 of 2022 ====================================================== Sanjay Singh ... ... Petitioner/s

Versus

The State of Bihar & Others ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Satish Kumar Sinha, Advocate For the Respondents :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-09-2022 Heard the parties.

The petitioner has made the following prayer in the writ petition:- "A. To direct the respondent Collector to dispose of the Miscellaneous Case No. 01/2014-15 pending consideration before him for issuance of the rent receipt of the land in question within stipulated period as may be deemed proper by this Hon'ble Court.

B. The respondents be further directed to ensure that the petitioner's possession over the land in question be not interfered with by the Parch Holders specifically in view of the disposal of the land Ceiling Miscellaneous Case no. 02/2004-05/ 01/2007-08 (Most. Jhalakjota Kunwar and others versus The State of Bihar) in favour of the petitioner and/or his ancestors.

C. To pass such other order or orders and / or direction as may be deemed fit and proper to secure the ends of justice."

Miscellaneous Case No. 01 of 2014-15 is pending before the Collector, Kaimur (Bhabua) since 2014. Collectors are given quasi-judicial powers for the benefit of the State and the

Patna High Court CWJC No.10956 of 2022(2) dt.12-09-2022 2/2 litigants. They are not supposed to sit tight over the matter. This action is not acceptable.

The Collector, Kaimur ( Bhabua) is directed to conclude the proceeding within four weeks from the date of receipt/ production of a copy of this order after hearing the parties. Disposal does not mean that the Collector will reject the application of the petitioner outright but he will have to apply his mind in accordance with law.

With the aforesaid observation and direction, this writ petition is disposed of.

(Sandeep Kumar, J) BT/ Harsh U