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Patna High CourtCWJC/12166/2024disposed

Shankar Rai v. The State Of Bihar

2024-08-19Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12166 of 2024 ====================================================== Shankar Rai S/o Late Jagdish Rai, Resident of Village- Mohani Mandal, Police Station- Suppi, District- Sitarmarhi.

... ... Petitioner/s

Versus

1.

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

2.

The Commissioner of Muzaffarpur, Muzaffarpur. 3.

The District Magistrate, Sitamarhi.

4.

The DCLR, Pupri, District- Sitamarhi.

5.

The Circle Officer, Pupari Block District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Singh For the Respondent/s :

Mr.Government Pleader (2) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 19-08-2024 Heard Mr. Chandra Bhushan Singh, learned Advocate for the petitioner and Mr. Prashant Pratap, learned Advocate for the State.

2. The grievance of the petitioner is only confined to expeditious disposal of Mutation Revision Case No. 2 of 2021 which has been pending before the respondent no. 3 for over a period of three years.

Patna High Court CWJC No.12166 of 2024 dt.19-08-2024 2/3

3. Drawing the attention of this Court to Section 8(5) of the Bihar Land Mutation Act, 2011 and Rule 12(6) of the Bihar Land Mutation Rule 2012, learned Advocate for the petitioner contended that the revision preferred against the order passed by the DCLR is required to be disposed of within 30 days after giving proper opportunity of hearing to all the stake holders. Despite the statutory provision for expeditious disposal, till date the matter is subjudice before the respondent no. 3, compelling the petitioner to approach before this Court invoking the jurisdiction under Article 226 of the Constitution.

4. Learned Advocate for the State submits that before disposal of the revision petition notices are required to be issued and served upon the private respondents, who are not made party here in the writ petition.

5. Be that as it may, it is fairly submitted by both the parties that the revision pending before the respondent no. 3 must come to its logical conclusion.

6. Considering the submissions advanced on behalf of the respective parties, the present writ petition stands disposed of with a direction to the respondent no. 3 to take up the Mutation Revision Case No. 2 of 2021 as earliest and bring it to its logical conclusion, preferably within a period of three

Patna High Court CWJC No.12166 of 2024 dt.19-08-2024 3/3 months from the date of receipt/production of a copy of this order.

7. Needless to observe that the matter is pending since last three years, the respondent no. 3 shall adhere to the period stipulated hereinabove.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 21.08.2024 Transmission Date