Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10619 of 2023 ====================================================== Shankar Prasad Son of Late Bhagwan Lal Resident of Mohalla- Sahebganj, P.S.- Town Thana, Chapra, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

District Magistrate, Saran at Chapra.

3.

Sub Divisional Magistrate, Saran at Chapra.

4.

Circle Officer, Chapra Sadar.

5.

Chief Executive Officer, Bihar State Sunni Waqf Board, Ali Imam Path, Harding Road, Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the State :

Mr.Raj Kishore Roy ( Gp 18 ) For respondent no.5 :

Mr. Md. Helal Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 22-01-2024 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner; Mr. Raj Kishore Roy, learned GP 18 for the State and Mr. Md. Helal Ahmad, learned counsel for respondent no.5.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner is aggrieved by the action of the Circle Officer, Chapra Sadar, who, for reason best known to him, one after another, has been issuing notice to him in spite of the fact that petitioner is the rightful owner of Holding No.35 and he is making payment of holding tax, which has been fixed by the municipal authorities.

Patna High Court CWJC No.10619 of 2023 dt.22-01-2024 2/2

3. Considering the aforesaid submission made on behalf of the petitioner, the District Magistrate, Saran at Chapra is directed to call for the records relating to the new Holding No.35 and see that whether the same was the subject matter of the previous litigation fought between the Wakf Board, as well as, the private person and take a final decision in accordance with law within a period of six weeks after providing due opportunity of hearing to all the affected parties. The District Magistrate must ensure to place his order on the basis of the old revenue records, relating to cadestral survey, as well as, the notification of the State Government, giving reference of old plots taken into the municipal area including the plot of new holding No.35 of the petitioner, on which the petitioner has claimed his right.

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

(Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2024 Transmission Date NA