Patna High CourtCWJC/10594/2024disposed

Parmanand Singh v. The State Of Bihar

2024-07-16Mr. Justice R. P. Mishra4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10594 of 2024 ====================================================== Parmanand Singh Son of Late Nunulal Singh, Resident of villageGangasarai, Police Station- Barahiya, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Land Records and Survey, Government of Bihar, Patna 2.

The Collector, Lakhisarai 3.

The Sub Divisional Officer, Lakhisarai 4.

The Deputy Collector Land Reforms, Lakhisarai 5.

The Circle Officer, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Respondent/s :

Mr.Standing Counsel 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 16-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph No. 1 of the writ application:

"(i) For issuance of an appropriate writ/writs in the nature of Mandamus commanding and direction the Respondents authorities including the Respondent Circle Officer to comply with the order of respondent D.C.L.R. Lakhisarai in Dahil Kharij Appeal No. 327/2023-24 on 22.02.2024 whereby and whereunder the respondent DCLR, Lakhisarai directed to the Circle Officer, Lakhisarai to get mutation of land in favour of the petitioner, situated at

2/4 Mauza-Jangharo, Thana No. 132, Khata No.

80, Khesra No. 160 area 50 decimal, Khata No. 82, Khesra No. 159, area 88 decimals, Khata No. 82, Khesra No. 161 area -57 decimal, total area 1 Acre 95 decimals.

The aforesaid order has been sent to the Circle Officer, Lakhisarai on 15.03.2024 and till date the order has not been complied with.

(ii)Further for a direction to the respondent Circle Officer to issue rent receipt in favour of petitioner.

(iii) For any other relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that the petitioner has purchased the land of 1 Acre 95 decimals from one Satya Narayan Prasad through a registered sale deed No. 3377 dated 13.08.1949 situated in village Jangharo, Thana No. 132, Khata No. 80, Khesra No. 160 area 50 decimal, Khata No. 82, Khesra No. 159, area 88 decimal and Khata No. 82, Khesra No. 161, area 57 decimal, total 1 Acre 95 decimal of land. Learned counsel for the petitioner further submits that the aforesaid land was registered as Jamabandi No. 20 in the name of said Satya Narayan Prasad for which a computer generated Jamabandi No. 204136800035190 existed. On the basis of aforesaid sale deed, the petitioner was in possession over the said land and he filed an on-line application to the Circle Officer, Lakhisarai for mutation of his land which was rejected

3/4 vide Mutation Case No. 2225 R27/2022-23. The petitioner, aggrieved with the said order, filed an appeal before the Learned D.S.L.R. in Dakhil Kharij Appeal No. 327 of 2023-24. By order dated 22.02.2024(Annexure-P/3), the D.C.L.R., Lakhisarai has set aside the order passed in Mutation Case No. 2225 R27/2022-23 and directed the Circle Officer for passing a fresh order on the application after verification of all relevant documents with the original records and also after physical verification of the plot. Learned counsel for the petitioner further submits that the said order (Annexure-P/3) has been sent to the Respondent Circle Officer on 15.03.2024 but till date no action has been taken by the Circle officer.

4. Considering the aforesaid facts and circumstances and submission made by learned counsel for the petitioner, the petitioner is directed to submit an application along with all supported documents within a period of four weeks from today. If any such application is filed, the Circle Officer, Lakhisarai (Respondent No. 5) shall consider the same after perusing the documents filed on behalf of the petitioner as also the direction given vide order 22.02.2024 by the D.C.L.R., Lakhisarai and pass reasoned and speaking order in accordance with law within a period of two months from the date of submission of

4/4 application.

5. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Pankaj/- AFR/NAFR NAFR CAV DATE Uploading Date 22.07.2024 Transmission Date