Raju Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18810 of 2021 ====================================================== Raju Pasi Son of Late Doman Pasi, resident of Village - Mohanpur, Post Bhagwanpur, Anchal- Bhagwanpur, P.S. Bhagwanpur, District - Bhabhua (Kaimur).

... ... Petitioner/s

Versus

1.

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

The Director, Consolidation, Bihar, Budhmarg, Patna. 3.

The Joint Director Consolidation (H.Q.)Bihar, Budhmarg, Patna. 4.

The Deputy Director, Consolidation, Rohtas at Sasaram. 5.

The Consolidation Officer, Bhabhua, Kaimur.

6.

The Additional Collector, Bhabhua, Kaimur.

7.

The Land Reforms Deputy Collector, Bhabhua, Kaimur. 8.

The Circle Officer, Bhabhua, Kaimur.

9.

Ritu Gupta, Wife of Niship Gupta, resident of House No. 235417, Housing Board Colony Faridabad, at present residing at Bhabhua, Ward No. 3, P.S. Bhabhua, District - Kaimur (Bhabhua).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief(s):- " (i) For issuance of writ in the nature of mandamus directing commanding the respondents to dispose of the representation filed by the petitioner for cancellation of Jamabandi running in favour of Gopal Krishna Goyal (who was grand father of respondent no.

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9) with respect to the disputed Land which is pending before the Additional Collector, Kaimur (Bhabhua) since 2018.

(ii) For further directing the concern respondents to establish the Jamabandi in the name of the father of the petitioner with respect to the disputed land in view of the order dated 9.5.2012 passed by the Deputy Director, Consolidation, Rohtas, Sasaram in Cons. Appeal Case No. 13/2011-12 after cancelling the name of grand father of the respondent no.9.

(iii) For the writ petitioner also prays before this Hon'ble Court to hold and adjudicate that the findings of the Circle Officer, Bhabhua dated 23.10.2018 which has been communicated to the petitioner is not proper in the eye of law as well as under the Act since in pursuance of the order dated 9.5.2012 passed by the Deputy Director, Consolidation (Sasaram) , Rohtas a Chak Khatiyan of the disputed plot was issued in the name of Doman Pasi (father of the petitioner). (iv) For that writ petitioner further prays before this Hon'ble Court to issue an appropriate writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

2. Mr. Manish, learned counsel appearing on behalf of the petitioner and Mr. Md. Khurshid Alam, learned AAG-12

3/4 appearing for the State-respondents are present and they are heard.

3. The main grievance raised by the petitioner is that the petitioner's application for cancellation of the Jamabandi, which stands in the name of the grandfather of respondent no. 9, has been pending since 2017 before the Additional Collector, Kaimur, Bhabhua, and in this regard, statement has been made in the petition on affidavit.

4. Though the issue raised by the petitioner regarding the legality of the Jamabandi, which is said to be running in the name of the grandfather of respondent no. 9, is premature for consideration by this Court under its writ jurisdiction, the petitioner nonetheless has a right to have his case disposed of expeditiously by the Additional Collector, Bhabhua, Kaimur. Therefore, considering this aspect, the Additional Collector, Bhabhua, Kaimur (respondent no. 6), is directed to dispose of the petitioner's application/case relating to his prayer for cancellation of Jamabandi within three months from the date of receipt or production of a copy of this order.

5. As the petitioner filed his application about eight years ago, if the same is not available in the office of the Additional Collector, Bhabhua, Kaimur, the petitioner will have

4/4 the liberty to file a fresh application before the Additional Collector, Bhabhua, Kaimur, for redressal of his grievance. Upon filing such application within four weeks, the Additional Collector, Bhabhua, Kaimur (respondent no. 6), shall decide the same within three months from the date of its filing, on merits and in accordance with law, after giving an opportunity of hearing to all concerned.

6. In the result, with the aforesaid directions, the instant writ petition stands disposed of.

(Shailendra Singh, J) maynaz/- U