Manju Devi @ Manjoo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13058 of 2024 ====================================================== Manju Devi @ Manjoo Devi W/o Suresh Kumar, Resident of Mohalla - Kaji Farjend Lane, Gautam Budh Road, Nai Godam, P.S. - Kotwali, District - Gaya, at present residing at behind Goraiya Asthan, Shastri Nagar, West, P.S.- Rampur, District- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar through Collector, Gaya.
2.
The Sub-Divisional Officer, Sadar, Gaya.
3.
The Deputy Collector, Land Reform, Sadar, Gaya. 4.
The Circle Officer, Sadar, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Ranjan Kumar, Advocate For the Respondent/s :
Mr. Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 03-09-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.
2.
The present writ petition has been preferred for the following relief/s:- "1.
That this writ application is being filed for commanding the respondents particularly respondent no. 4, Circle Officer, Sadar, Gaya to consider the case of the petitioner for Mutation in her favour of a piece of land purchased by her on 03.06.1991 vide Registered Sale Deed.
This writ application is also
Patna High Court CWJC No.13058 of 2024 dt.03-09-2024 2/3 being filed a direction to the respondents for particularly Circle Officer, Sadar Gaya to mutate the land in question in her favour in light of judgment and decree dated 10.04.2023 and 24.04.2023 respectively passed in Title Suit No. 36 of 2006 by learned Munsif I, Gaya.
This writ application is also being filed for holding that the impugned non consideration of claim of the petitioner for mutation of her land purchased vide registered Sale Deed dated 03.06.1991 executed by Sri Shiv Shakti Kumar, is illegal, arbitrary, Malafide and without any lawful justification.
This writ application is also being filed for any other relief/ reliefs as your lordship may deem fit and proper."
3.
At the outset, learned counsel for the petitioner has confined his relief only to the extent of disposal of his representation dated 26-12-2023 (Annexure- P/4), which is pending adjudication before the Circle Officer, Sadar, Gaya (respondent No.4) for mutation of the land in question in light of the judgment and decree passed by learned Munisf I, Gaya in T.S. No. 36 of 2006, within a limited time frame.
Patna High Court CWJC No.13058 of 2024 dt.03-09-2024 3/3 4.
On the other hand, learned counsel for the State does not object to the limited prayer canvassed on behalf of the petitioner regarding disposal of application dated 26-12-2023 (Annexure-P/4).
5.
Having heard learned counsel for the parties, this Court deems it apposite to issue a direction upon the Circle Officer, Sadar, Gaya (respondent No.4), who shall be under legal obligation to dispose of the application of the petitioner dated 26-12-2023 in accordance with law after affording opportunity of hearing to the parties concerned, within a period of two months from the date of receipt/production of a copy of this order.
6.
With the aforesaid direction, writ petition stands disposed of.
(Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04-09-2024 Transmission Date N/A