Patna High CourtCWJC/5776/2015disposed

Sahajanand Yadav v. The State Of Bihar And ORS

2017-10-06Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5776 of 2015 ====================================================== Sahajanand Yadav, Son of Late Dasrath Prasad Yadav, Resident of Village - Kanchangadh, P.S.- Muphasil, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector Munger.

3. The Deputy Collector Land Reform, Munger Sadar Munger.

4. The Circle Officer Circle, Jamalpur, Munger. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate Mr. Parmatma Singh, Advocate For the Respondent/s : Mr. AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-10-2017 Heard Mr. Abhay Kumar Singh, learned counsel for the petitioner and learned AC to SC-10 for respondent nos. 1 to 4.

The present Writ application has been filed for a direction to the respondent no. 4, Circle Officer, Jamalpur to mutate the name of the petitioner over the land appertaining to Khata Nos. 96, 69,179 to 185, 197 and 177 situated in Mauza - Chandanpura, District - Munger.

I.A. No. 4898 of 2017 has been filed for setting aside the order dated 05.05.2017 issued vide Memo No. 592, as contained in Annexure-6, passed by Sub-divisional Officer, Sadar Munger, whereby he directed the Officer-in-Charge, Nayaram

Patna High Court CWJC No.5776 of 2015 (2) dt.06-10-2017 2/3 Nagar to facilitate the construction of the boundary wall being made by Sri Kishore Yadav over the land in question and respondent no. 4, Circle Officer, Jamalpur was also directed to remain present at the spot.

It is submitted by learned counsel for the petitioner that the mutation application was submitted before respondent no. 4, Circle Officer, Jamalpur and subsequently a petition by way of reminder was submitted on 06.01.2015, as contained in Annexure-3, for concluding the mutation proceeding but till date no order has been passed by respondent no. 4, Circle Officer, Jamalpur.

The learned counsel for the petitioner, at present, confines his prayer for direction to respondent no. 4, Circle Officer, Jamalpur to dispose of the application submitted by the petitioner, within a time frame, with liberty to challenge the order dated 05.05.2017 passed by Sub-divisional Officer, Sadar Munger, as contained in Annexure-6 to I.A. No. 4898 of 2017, in appropriate proceeding.

Accordingly, the present Writ application is disposed of with a direction to respondent no.4, Circle Officer, Jamalpur, Munger to dispose of the proceeding initiated on the application of the petitioner within a period of two months of

Patna High Court CWJC No.5776 of 2015 (2) dt.06-10-2017 3/3 receipt or production of the copy of the order in accordance with law.

(Dinesh Kumar Singh, J) DKS/- U