← Library
Patna High CourtCWJC/12748/2024disposed

Dr. Anju Karn @ Anju Karan v. The State Of Bihar

2024-09-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12748 of 2024 ====================================================== Dr. Anju Karn @ Anju Karan Wife of Late Dr. Vinod Prasad Karn @ Binod Prasad Karan, Resident of Nauratan Hata, Purnea, Ward No. 20, Police Station- Khajanchi Hat, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Purnea. 2.

The Additional Collector, Purnea.

3.

The Deputy Collector Land Reforms, Sadar, Purnea. 4.

The Circle Officer, Purnea East, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Verma, Adv.

For the Respondent/s :

Mr.Government Pleader 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 02-09-2024 Heard learned counsel for the parties.

2. In this writ application, the petitioner has prayed for following relief:- "That this is an application for issuance of a writ in the nature of mandamus or any other appropriate writ or writs directing the respondents to fix the rent of the land of the petitioner as provided under the Bihar Tenancy Act and to mutate her name in the Revenue of Record under the provisions of Bihar Mutation Act, 2011 by receiving the rent of the land in question and/or to grant of any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case."

Patna High Court CWJC No.12748 of 2024 dt.02-09-2024 2/3

3. The matter relates to the land bearing Thana No. 238, Khata No. 871 and 872, Plot No. 295, 296 and 297 having an area of 37 Katha situated in Mauza-Maharajganj, Anchal Purnea East, Dist. Purnea which was purchased by the petitioner through six registered sale deeds.

4. Learned counsel for the petitioner submits that the Jamabandi of 23 Kathas out of 37 Kathas is running at present in favour of the petitioner but, the rent is not fixed for total 37 Kathas till today in spite of several application filed by the petitioner.

5. Learned counsel for the petitioner further submits that after purchase of the land, the petitioner approached before the Revenue Authorities for mutation as well as fixation of rent which was registered as Case No. 979 of 2019-20 but, even then, the mutation was not done and the rent was also not fixed.

6. Finally, learned counsel for the petitioner submits that the petitioner has also filed an application dated 23.01.2023 before the Circle Officer, Purnea, East along with all supporting documents for mutation by fixing the rent which was registered as Case No. 81/2 but, the matter was forwarded by the Anchal Adhikari to the D.C.L.R. vide letter No. 170 dated 16.03.2023.

7. Learned counsel for the State does not contradict the

Patna High Court CWJC No.12748 of 2024 dt.02-09-2024 3/3 aforesaid submissions made by the learned counsel for the petitioner.

8. Having regard to the aforesaid facts and circumstances of the case, this writ petition is disposed of with a direction that if the petitioner files a fresh representation before the Circle Officer, Purnea East, Purnea/Respondent No.4 enclosing all supporting documents for mutation and fixation of rent within a period of four weeks from today, the Circle Officer, Purnea East, Purnea/Respondent No.4, after affording an opportunity of hearing to all the necessary parties, shall dispose of the same by passing a reasoned and speaking order in accordance with law within a period of eight weeks thereafter.

9. The writ petition stands disposed of in the aforesaid terms.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.09.2024 Transmission Date