Baikunth Mahto @ Baikunth Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12128 of 2023 ====================================================== 1.

Baikunth Mahto @ Baikunth Prasad Singh Son of Late Loknath Singh @ Lauku Mahto, Resident of Ward No. 9, Sanha Naya Tola, P.S.- Sahebpur Kamal, District- Begusarai.

2.

Kesho Mahto Son of Late Kusho Mahto, Resident of Ward No. 9, Sanha Naya Tola, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Revenue and Land Reforms, Patna. 3.

The District Magistrate, Begusarai.

4.

The Circle Officer, Sahebpur Kamal, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ application is filed for the following reliefs:

(I) For issuance of an appropriate writ/s, order/s, direction/s for quashing notice dated 08.05.2023 contained in Letter No. 678 dated 09.05.2023 whereby under the respondent Circle Officer directed the petitioners to appear before him with relevant documents to prove their Jamahandi that how it was created, the land was purchased land of the petitioners and other

Patna High Court CWJC No.12128 of 2023(6) dt.10-09-2024 2/3 family members by registered sale deed situated in Mauza Sanha, Thana No. 625. Khata No. 1009, Khesra No. 1631, admeasuring about 1 (one) Bigha.

(II) For issuance of an appropriate writ/s, order/s, direction/s to the respondents not to disturb the possession of the petitioners from the land situated in Mauza Sanha, Thana No. 625, Khata No. 1009, Khesra No. 1631 which was purchased land of the petitioners or other family members from the landlord on 05.08.1968 and 30.09.1989.

(III) For issuance of an appropriate writ/s, order/s, direction/s to the respondents not to use the purchased land of the petitioners for JAN JEEVAN AND HARIYALI Project. (IV) To pass such other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case.

3. Learned counsel for the petitioners submits that pursuant to the notice dated 09.05.2023 the petitioners have filed a representation on 15.05.2023 before the Circle Officer, Sahebpur Kamal, Begusarai stating therein that some more time is required to deposit relevant document in question which is required in the present case but no action whatsoever has been taken by the respondent No.4 and the petitioners have no other

Patna High Court CWJC No.12128 of 2023(6) dt.10-09-2024 3/3 option except to approach this Court.

4. In view of the aforesaid, this writ application stands disposed of with the direction to the petitioners to file requisite documents as asked by letter dated 09.05.2023 by the Circle Officer, Sahebpur Kamal, Begusarai within a period of two months and Circle Officer is directed to examine the case of the petitioners in accordance with law and pass necessary order within a period of three months further and till the passing of the final order, no coercive steps shall be taken against the petitioners.

(Rajesh Kumar Verma, J) Nitesh/-Harshita U