Kamal Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10739 of 2023 ====================================================== Kamal Narayan Mandal Son of Madhusudan Mandal Resident of VillageWard No.-01 Semari Bina, Police Station-Bina, District-Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Patna.

2.

The District Magistrate, Supaul.

3.

The Additional Collector, Supaul.

4.

The Circle Officer Supaul.

5.

Badari Mandal Son of Chhabu Mandal Resident of Village-Ward No.01 Semari Bina, Police Station-Bina, District-Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan ( SC-25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2024 Heard the parties.

2. The present petition has been preferred for the following reliefs:

(i) for issuance of an appropriate writ /writs order/s or direction/directions to the respondent No.4 in the nature of mandamus for prude order sheet to the petitioner which was passed in Basgit Parcha case No.43/1970-71 by which Circle Officer Supaul has issued Basgit Parcha in favour of respondent No.5.from the land of the petitioner bearing khata. no.705, khesara no. 288, area 90 decimal;

Patna High Court CWJC No.10739 of 2023(2) dt.07-05-2024 2/3 (ii) for issuance of appropriate writ, order or direction to the respondent in nature of mandamus to stay operation of Basgit Parcha case No.43/1970-71 till disposal of the present writ petition;

(iii) for issuance of an appropriate writ order/s direction/s to the concern respondents in the nature of mandamus not to dis disposes the petitioner from the land in question;

(iv) for direction to the respondent No.4 to restrain the private respondent No.5 to inter in the boundary of the land in question.

3. Learned counsel for the petitioner submits that the Circle Officer, Supaul is not paying attention to the request/direction of the senior officials of the said district.

4. He has taken this Court to memo no. 65 dated 20.06.2022 issued by the 1st Appellate Authority cum SubDivisional Officer, Supaul in Appeal Case No. 07/2022-23 to show that two years ago, he gave direction to the Circle Officer, Supaul but without any response.

5. No counter affidavit is on record.

6. In that background, instead of keeping the case pending, it would be appropriate that the writ petition is disposed of directing the petitioner to approach the Collector,

Patna High Court CWJC No.10739 of 2023(2) dt.07-05-2024 3/3 Supaul alongwith all the relevant documents including the direction of the Sub-Divisional Officer, Supaul within four weeks from today, he shall take a decision and gave necessary direction to the concerned respondent in next three months.

7. The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U