Anand Shankar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11823 of 2025 ====================================================== Anand Shankar Mishra Son of Sri Dev Shankar Mishra, Resident of Station Road, Mohalla- Hanuman Mandir Ward no. 18, P.S.- Madhubani, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Through The Chief Secretary, Government of Bihar, Old Secretariat, Patna- 800001.

2.

The Add. Chief Secretary, Department of Revenue, Government of Bihar, At Old Secretariate, P.S. Sachivalaya, Patna, Bihar. 3.

Circle Officer, Rahika Circle Block- Rahika, District- Madhubani. 4.

Deputy Collector Land Revenue, Madhubani Sadar Subdivision, DistrictMadhubani. 5.

The District Collector cum District Magistrate District- Madhubani, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amalendu Shekhar Thakur, Advocate For the Respondent/s :

Mr.Additional Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for direction to the respondents to do mutation/Dakhil Kharij of the commercial land being 1 katha i.e 1900 square feet in Mauza Chakdah, ward no.17, post office Road thana no.33 Tauzi no.6424, Jamabandi No.5229, khata no. 248, Khesra No.539(old), 242(New) as contained in

Patna High Court CWJC No.11823 of 2025(2) dt.24-07-2025 2/3 Annexure no. 'PI';

(ii) for direction to the respondents to restrain from illegally and unauthorizedely putting on hold the mutation, arbitrarily on the same pretext that it has been rejected earlier despite the direction of the DCLR in Mutation Appeal Case;

(iii) for direction to the Respondents to stop harassing the petitioners by their arbitrary, illegal and prejudiced acts;

(iv) pass any other order which this Hon'ble Court may deem fit and proper in the light of the facts mentioned hereinafter.

3. After some argument, learned counsel for the petitioners submit that he shall be preferring an appeal before the Deputy Collector, Land Reforms, Madhubani (respondent no.4) but there has been delay which may not be beneficial for the petitioner.

4. This Court has gone through the different orders of the High Court as also the D.C.L.R., Madhubani.

5. It seems that the Circle Officer, Rahika has not taken into account the observation of the D.C.L.R., Madhubani.

Patna High Court CWJC No.11823 of 2025(2) dt.24-07-2025 3/3 However, since the petitioner has to move before an appropriate forum (respondent no.4), the writ petition is disposed of allowing him to prefer appropriate petition along with the documents before State respondent who shall consider the limitation petition at an earliest and no case shall reject the same on the ground of delay

6. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U