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Patna High CourtCWJC/12896/2024disposed

Manijar Mandal v. The State Of Bihar Through The Chief Secretary

2024-08-29Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12896 of 2024 ====================================================== 1.

Manijar Mandal son of Late Kisho Mandal, Resident of VillageHarnathchak, P.O.- Singhia Makandpur, P.S.- Gopalpur, District- Bhagalpur. 2.

Nakul Mandal @ Nakul Kumar Mandal son of Late Mahendra Mandal, Resident of Village- Harnathchak, P.O.-Singhia Makandpur, P.S.- Gopalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land, Government of Bihar, Patna.

3.

The Additional Secretary, Department of Home, Government of Bihar, Patna.

4.

The Collector cum District Magistrate, Bhagalpur. 5.

The District Land Settlement Officer, Bhagalpur. 6.

The Land Reforms Deputy Collector, Naugachia, Bhagalpur. 7.

The Sub-Divisional Officer, Naugachia, Bhagalpur. 8.

The Block Development Officer, Gopalpur, Bhagalpur. 9.

The Circle Officer, Gopalpur, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate Mr. Ved Prakash Chandan, Advocate For the State :

Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 29-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner has preferred this writ application for the following relief/s :- "That, this writ application is being filed by the petitioners for issuance of an appropriate

Patna High Court CWJC No.12896 of 2024 dt.29-08-2024 2/3 writ/writs, order/orders, direction/directions in the nature of Mandamus directing the Respondents District Land Settlement Officer, Bhagalpur to correct the current Revisional Survey Khatiyan in which petitioners' land has wrongly been entered in the name of other persons in view of Kramik/Cadastral Khatiyan in which the land in question is recorded in name of petitioner ancestors (father, grandfather and Great grandfather) namely Piyare Mandal son of Garbhu Mandal by caste Gangauta of Village-Harnachak, land situated in Thana No.15, Mouja- Dharhara, P.S.-Kahalgaon, Pargana- Gopalpur, DistrictBhagalpur, Old Khata no.238, Old Khesra no.49- area 3.87 decimals, Old Khesra no.478- area 1.29 decimals, Old Khesra no.484- area 2.21 decimals Old Khesra no.1423- area 0.58 decimals Total Rakba 7.85 decimal.

Further prayer of the petitioners in this case is that after correction in the Revisional Survey Khatiyan rent receipt be granted in their name.

And/or pass such other order or orders as your Lordships may deem fit and proper."

3.

Learned counsel for the petitioner submits that the present matter is entirely covered by the order dated 23-07-2024 passed in CWJC No. 10768 of 2024.

Patna High Court CWJC No.12896 of 2024 dt.29-08-2024 3/3 4.

Learned counsel for the State does not raise any objection to the aforesaid submissions made by the learned counsel for the petitioner.

5.

Learned counsel for the petitioner submits that he shall be approaching the District Land Settlement Officer, Bhagalpur (respondent No.5) in next four weeks. 6.

In that case, the District Land Settlement Officer, Bhagalpur (respondent No.5) shall be duty bound to take up the matter and after hearing all the necessary parties will conclude the matter and pass an appropriate order in next six months. 7.

Accordingly, the writ application is disposed of. (Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 02-09-2024 Transmission Date N/A