Pankaj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14226 of 2022 ====================================================== Pankaj Kumar Jha Son of Sri Pashupati Nath Jha, Resident of Village - Baradbatta, Ward No. 2, Post Uralaha, P.S. and Anchal - Palasi, District - Arariya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate-Cum-Collector, Arariya. 3.

The Additional Collector, District - Arariya. 4.

The Deputy Collector Land Reforms, Arariya.

5.

The Circle Officer, Palasi, District - Arariya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate Mr. Suraj Kumar, Advocate For the Respondent/s :

Mr. Birendra Prasad Singh, A.C. to S.C.19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner has filed the instant application for the following relief(s):

"That the petitioner prays for issuance of a writ or writs preferably in the nature of Mandamus, directing and commanding the respondents concerned particularly Respondent No. 5 the Circle Officer, Palasi, District- Arariya to dispose off the application of the petitioner filed before him with regard to mutation of the lands since long as the respondent no.5 the Circle Officer, Palasi is sitting tight over the matter with ulterior motive. And/or any other relief, writ/writs, order/orders, direction/ directions, for which the

Patna High Court CWJC No.14226 of 2022(4) dt.13-04-2023 2/2 petitioner is found to be entitled in the facts and circumstances of the case."

It is submitted by learned counsel for the respondents that a counter affidavit has been filed on behalf of the respondent nos.2 to 5 which has been sworn by the Circle Officer, Palasi. It has been stated therein that the Circle Officer has passed final order in Mutation Case no.43394/2021-22 on 9.9.2022 itself. A copy of the order has been brought on record as Annexure-A to the said counter affidavit.

In view of the above, the instant writ application is disposed of giving liberty to the petitioner to challenge the same in accordance with law as provided under the Bihar Land Mutation Act, 2011.

The application stands disposed of.

In case the appeal is preferred by the petitioner within a period of four weeks from today, the appellate authority in considering the petition filed for condonation of delay by the petitioner shall take into consideration the period for which the petitioner was pursuing the instant case in this Court. (Partha Sarthy, J) Saurabh/- U