Mukesh Chandra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13202 of 2022 ====================================================== Mukesh Chandra Gupta S/o Late Shyam Deo Prasad Resident of MohallaAdarsh Nagar, Sanhauli, Khagaria, P.S. and District- Khagaria. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Khagaria.

3.

The Additional Collector, Khagaria.

4.

Sub-Divisional Officer, Khagaria.

5.

The Deputy Collector Land Reforms, Khagaria.

6.

The District Sub Registrar, Khagaria.

7.

The Circle Officer, Alauli, District- Khagaria. 8.

The Constituted Committee of Khagaria District, through its Chairman the Additional Collector, Khagaria, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh, Sr. Adv.

:

Mr.Alok Kumar Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-03-2023 The present writ petition has been filed seeking the following reliefs:- 1(i). For quashing of that part of the order/decision dated 28.06.2022 taken by the concerned constituted committee of Khagaria District headed by the Learned Additional Collector, Khagaria whereby and whereunder the recommendation sent by the Respondent District Registrar has been rejected on the ground that the land claimed by the petitioner is Gair-Mazarua Aam Rasta even though the land of the petitioner appertaining to Khata

Patna High Court CWJC No.13202 of 2022(5) dt.14-03-2023 2/3 No. 340, plot No. 1209, Thana No. 192, Tauzi No. 7394, Mauza-Dahma, P.S.- Alauli, DistrictKhagaria as has already been declared and decided by the District Authorities as Raiyati land.

(ii) For issuance of writ (writs), order (orders), direction (directions) commanding upon the respondents to grant permission to the petitioner to alienate his land and issue rent receipts in favour of the petitioner."

The learned counsel for the Respondent-State has filed a counter affidavit, which is taken on record. The learned counsel for the Respondent-State has referred to paragraph no. 5 of the counter affidavit, which is reproduced hereinbelow:- "5. That it is humbly submitted that vide letter no. 387, dated 01.03.2023, the respondent 02 the District Magistrate, Khagaria has already quashed the decision taken by District Level Committee on 28.06.2022 related to the claim made by petitioner indicated at Sl. No. 30 of the District Level Committee proceeding (Annexed as Annexure No. 09 of the writ petition) and directed a fresh & detailed enquiry to be conducted by District Level Committee while giving adequate opportunity of hearing to the petitioner following the principle of natural justice and to arrive at a lawful conclusion with regard to the claim of

Patna High Court CWJC No.13202 of 2022(5) dt.14-03-2023 3/3 the petitioner. The letter issued by District Magistrate, Khagaria vide letter no. 387, dated 01.03.2023 has been served to the petitioner on 02.03.2023."

In view of the aforesaid, the learned Senior Counsel for the petitioner submits that the grievances of the petitioner has stood redressed at the moment, hence, the petitioner does not wish to press the present writ petition.

Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/Saurav U