Patna High CourtCWJC/1618/2016disposed

Mantu Prasad Singh v. The State Of Bihar And ORS

2018-11-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1618 of 2016 ====================================================== Mantu Prasad Singh S/o Late Shiv Narayan Mandal, Resident of village - Patwa, P.S. Dhoraiya, District - Banka ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Road Construction Department, Govt. of Bihar, Patna

2. The Collector, District Bank

3. The Deputy Development Commissioner, Banka

4. The Sub - Divisional Officer, Sadar, Banka

5. The Land Reforms Deputy Collector ( L.R.D.C. ), Banka

6. The Block Development Officer, Dhoraiya, Banka

7. Circle officer, Dhoraiya, District - Banka

8. Executive Engineer, Road Construction Department P.W.D., Banka

9. Executive Engineer, Rural Engineering Organization ( R.E.O. ), Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Respondent/s :

Mr. Kumari Amrita- Gp10 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2018 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner has filed this writ petition for issuance of a writ in the nature of certiorari for quashing the order dated 05.09.2014, passed by the Sub-divisional Officer, Banka in Misc. Case No.15 of 2012-13 by which the Sub-divisional Officer directed the Circle Officer, Dhoraiya to file case before the appropriate authority for cancellation of Jamabani No.247 opened in the name of the petitioner with regard to Khesra No.117.

It appears that the Sub-divisional Officer, Banka

Patna High Court CWJC No.1618 of 2016(2) dt.30-11-2018 2/2 found that the order with regard to opening of Jamabandi in the name of the petitioner was forged and fabricated and accordingly directed the Circle Officer, Dhoraiya to file case for cancellation of Jamabandi before the appropriate authority. The petitioner claims that the land was settled in his favour but it has come that the order of the DCLR and the other authorities were forged and no authority passed the order of settlement. Having considered the facts aforesaid, I do not find any merit in this writ petition. Accordingly, the same is dismissed with liberty to the petitioner to appear before the competent authority in case for cancellation of Jamabandi and file show-cause.

(Prabhat Kumar Jha, J) S.KUMAR/- U