Prabhakar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12195 of 2015 ====================================================== Prabhakar Prasad Singh Son of Late Bago Singh, Resident of villageKamrain, P.S.- Asarganj, District- Munger .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Munger

3. The Circle Officer (Anchaladhikari), Asarganj, District- Munger .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the State : Shilpa Singh, G.A. 12 Abhanjalli, AC to G.A. 12.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-08-2017 This matter has been listed out of turn on the basis of mentioning slip filed on behalf of the petitioner. Heard the parties.

The Circle Officer, Asarganj, District Munger issued notice to petitioner and two others directing them to produce relevant documents of their title in respect of plot no. 54 pertaining to khata no. 60 of village-Kamrain. In response to aforesaid notice, petitioner filed his reply along with relevant documents but till today no order on the reply of the petitioner has been passed by the Circle Officer, Asarganj, District Munger. Learned counsel appearing for the petitioner submits that petitioner had purchased the aforesaid land from its owner

Patna High Court CWJC No.12195 of 2015 (3) dt.02-08-2017 2/3 through registered sale deed and has been coming in possession since the time of its purchase. Moreover, the same Circle Officer has issued land possession certificate to the petitioner on 13.02.2017 which has been annexed as Annexure-6 to I.A. No. 4811 of 2017.

On the other hand, learned counsel appearing for the respondents submits that land in question is government land and as a matter of fact, prior to issuance of notice by the Circle Officer the aforesaid land was acquired in accordance with law but without any basis the petitioner is claiming his title over the disputed land.

It is obvious from perusal of the materials available on the record that the Circle Officer, Asarganj, District Munger has not passed any order on the reply given by the petitioner in response of notice issued to him and, therefore, in my view, this petition may be disposed of directing the Circle Officer, Asarganj, District Munger to pass appropriate and reasoned order on the reply given by the petitioner in response to his notice. Accordingly, this writ petition stands disposed of giving direction to Circle Officer, Asarganj, District Munger to pass appropriate and reasoned order in accordance with law on the reply given by the petitioner in response to his notice dated

Patna High Court CWJC No.12195 of 2015 (3) dt.02-08-2017 3/3 26.06.2013 within a month from the date of receipt/production of copy of this order.

(Hemant Kumar Srivastava, J) SHAHZAD/- U