Ishika Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12394 of 2024 ====================================================== Ishika Kumari D/o Late Nand Kishor Chaudhary, Wife of Rajeev Kumar, Resident of village- Maeil, P.S.- Bidupur, District- Vaishali. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Deptt. of Revenue and Land Reform, Govt. of Bihar, Patna.

2.

The District Magistrate cum Collector, Vaishali at Hajipur. 3.

The Additional Collector, Vaishali at Hajipur. 4.

The Circle Officer, Circle Hajipur, Vaishali at Hajipur. 5.

Sahdeo Ray S/o Late Sheetal Ray Resident of village- Dighi Khurd, P.O.- Dighi, P.S.- Hajipur, District- Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Respondent/s :

Mr.Addl. Advocate General (12) CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 20-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph No. 1 of the present writ application: "1.That the instant writ petition is being filed for issuance of direction to the concerned authority to dispose the Jamabandi Cancellation case No. 40/2020 filed by the petitioner pending since 2020 before the Additional Collector Vaishali at Hajipur that is wholly contrary to Section 9 of

Patna High Court CWJC No.12394 of 2024 dt.20-08-2024 2/3 the Bihar Mutation Act, 2012 as is required to be disposed of within stipulated period."

3. Learned counsel for the petitioner submits that the petitioner has filed Jamabandi Cancellation case No. 40/2020 before the Additional Collector, Vaishali at Hajipur (Respondent No. 3) for cancellation of jamabandi opened in favour of Sahdeo Rai (respondent No. 5) by the Circle Officer, Hajipur without following due procedure of law in the year 2020 and till date the case has not been decided by Respondent No. 3. Learned counsel for the petitioner confines his prayer only to the disposal of the aforesaid Jamabandi Cancellation case No. 40/2020 within a time frame.

4. Learned counsel for the State, in view of the limited prayer made by learned counsel for the petitioner, does not object disposal of the writ application.

4. Considering the aforesaid facts and circumstances, the Additional Collector, Vaishali at Hajipur (Respondent No. 3) is directed to dispose of Jamabandi Cancellation case No. 40/2020 in accordance with law within a period of four months from the date of receipt/production of a copy of this order after giving opportunities of hearing to the parties.

5. With the aforesaid observation/direction, the present

Patna High Court CWJC No.12394 of 2024 dt.20-08-2024 3/3 writ application stands disposed of.

(Rudra Prakash Mishra, J) Pankaj/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.08.2024 Transmission Date N/A