Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12856 of 2022 ====================================================== 1.

Arvind Kumar Son of Gridhari Yadav, Resident of Village - Sakhwa, P.O. and P.S. - Bithan, District - Samastipur, Bihar. 2.

Pappu Kumar Son of Gridhari Yadav, Resident of Village - Sakhwa, P.O. and P.S. - Bithan, District - Samastipur, Bihar.

3.

Ravindar Kumar Son of Gridhari Yadav, Resident of Village - Sakhwa, P.O. and P.S. - Bithan, District - Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, The Revenue and Land Reforms, Department Government of Bihar, Patna. 2.

The Director The Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Samastipur, Bihar.

4.

The Land Reforms Deputy Collector, Samastipur, Bihar. 5.

The Circle Officer, Block Bithan, Samastipur, Bihar. 6.

Kapleshwar Singh, Son of Late Radheshwar Singh, Resident of Muhalla - Krahalwari, ward - 13, P.S.- University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Choudhary, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2024

1. Heard learned counsel for the petitioners and learned GP-18 for the State.

2. The Circle Officer, Bithan in compliance of the order dated 20.11.2024 is present in the Court.

3. Learned counsel for the petitioners submits that the instant writ application has been filed seeking a direction upon the Circle Officer to comply the order dated 09.08.2021 in Mutation Appeal Case No. 22 of 2019.

4. Learned counsel for the petitioners submits that the

Patna High Court CWJC No.12856 of 2022(4) dt.21-11-2024 2/3 land in dispute has been purchased by the petitioners from Kapileswar Singh vide registered sale deed dated 23.11.2018. It is further submitted that after purchasing the land in dispute, the petitioners applied for mutating their name over the land by filing Mutation Case No. 1571 R27/2019-2020/Bithan as would manifest from Annexure-2 to the writ application. It is next submitted that the Circle Officer in a mechanical manner rejected the aforesaid mutation case by his order dated 19.12.2019 which was challenged by the petitioners in appeal before the DCLR by filing Mutation Appeal Case No. 22 of 2019. It is submitted that the DCLR after hearing the parties by a reasoned order set aside the order passed by the Circle Officer in Mutation Case No. 1571 R27/2019-2020/Bithan and remanded the matter back to the Circle Officer to act in accordance with law with certain direction to the petitioners also.

5. The petitioners are aggrieved by the fact that despite order passed by the DCLR in appeal their application till date has not been entertained by the Circle Officer.

6. The Circle Officer, who is present in the Court, submits that the order in accordance with law in pursuance of the order passed by the DCLR in Mutation Appeal Case No. 22

Patna High Court CWJC No.12856 of 2022(4) dt.21-11-2024 3/3 of 2019 shall be passed within a period of two weeks from today.

7. In view of the submissions made by the Circle Officer, Bithan, the writ application is disposed of with a direction to the Circle Officer to dispose of the application filed by the petitioners online seeking mutation of the land pertaining to Khata No. 1390 (new), Savik Khata No. 536 (old), Khesra No. 2528, 2529 and 2530 (new) and old Khesra No. 827, area 10 Bigha within a period of two weeks from today.

8. The personal appearance of the Circle Officer, Bithan is dispensed with.

(Satyavrat Verma, J) Kundan/- U