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Patna High CourtCWJC/14760/2014disposed

Kaushal Kishore Sharma v. The State Of Bihar And ORS

2016-10-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14760 of 2014 ====================================================== Kaushal Kishore Sharma, S/o Late Dasrath Singh, Resident of Village Raunia, P.S. - Naubatpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna.

2. The Collector, Patna.

3. The Deputy Collector Land Reforms, Government of Bihar, Patna.

4. The Circle Officer, Patna.

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

For the Petitioner/s : Mr. Ranjan Kumar Sharma, Adv. Mr.Manoj Kumar, Adv.

For the Respondent/s : Mr. R.B. Prasad Yadav, AAG-11 Mr.Ramashray Roy, AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-10-2016 Heard the parties.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition, fully enumerated in paragraph 1 of the writ petition, the petitioner is directed to file an appropriate petition before the concerned Circle Officer in the prescribed format under the provisions of Section 3 of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011') within a period of one month from today.

If such a petition is filed on behalf of the petitioner with all supporting documents, then the concerned Circle Officer shall be obliged to initiate a proceeding under the provisions of the Act, 2011 and shall decide the claim of mutation raised on behalf of the petitioner with respect to the lands in question strictly in accordance with law, but, before passing any final order, reasonable opportunity of hearing must be given to the petitioner

Patna High Court CWJC No.14760 of 2014 (2) dt.03-10-2016 as also the private individuals, if any.

It goes without saying that, petition filed on behalf of the petitioner shall be disposed of expeditiously, but in accordance with law.

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 it is left to be decided by the concerned Circle Officer 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