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Patna High CourtCWJC/9162/2017disposed

Md. Akabar Khan v. The State Of Bihar And ORS

2024-07-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9162 of 2017 ====================================================== Md. Akabar Khan Son of Late Samad Khan, resident of village Dinara, P.O. P.S. Dinara, District- Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Rohtas at Sasaram.

3.

The Deputy Collector Land Reforms, Bikramganj district- Rohtas. 4.

The Consolidation Officer, Bikramganj District Rohtas. 5.

The Circle Officer, Circle, Dinara District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam-AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 25-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ/writs, order(s) or direction(s) to the respondents to fix the rent of land settled to the petitioner appertaining to Mauza Dinara, Thana No. 109 Khata no. 723 Khesera no. 1754 Area 0.05 Acres and the matter is still pending with the Respondent no.5 for final order since the year 2011."

2. The matter relates to 0.05 acres of land in Mauza Dinara, Thana No. 109 Khata no. 723 Khesera no. 1754.

3. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.9162 of 2017 dt.25-07-2024 2/3 petitioner had moved before the Consolidation Officer, Dinara under Section 10(B) of the Bihar Consolidation Act and the Consolidation Officer, Dinara while hearing the case of the petitioner as well as after going through the report of the Circle Officer, Dinara, passed the order on 16.11.1991 in Case No. 633/90-91, directing the concerned Officials to make the entry of the landed area 0.05 acre, Khesra No. 1754 of Khata No. 723 in the name of the petitioner. Thereafter, the petitioner approached the Circle Officer, Dinanra by way of filing representation dated 15.10.2011 for the fixation of rent of the land, in question, in view of the order passed in Consolidation Case No. 633/90-91 but, the same is still pending and prays for a direction for disposal of the same.

4. Learned counsel for the State submits that in case the aforesaid representation dated 15.10.2011 is still pending, the same shall be disposed off, within a stipulated time frame, as is fixed by this Hon'ble Court.

5. Having regard to the aforesaid facts and circumstances of the case, this writ petition is disposed of with a direction that in case the aforesaid representation dated 15.10.2011 has not been disposed off as yet, the petitioner is given liberty to file a fresh representation before the Circle

Patna High Court CWJC No.9162 of 2017 dt.25-07-2024 3/3 Officer, Circle Dinara, Rohtas/Respondent No.5, within a period of two weeks from today, and the Circle Officer, Dinara, after hearing all the necessary parties, shall dispose off the same by passing a reasoned and speaking order, in accordance with law, within a period of eight weeks, thereafter.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2024 Transmission Date