Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14299 of 2024 ====================================================== Shambhu Kumar, son of Mahavir Singh, resident of village- Parasi, Police Station- Parasi, District- Arwal. at present resident of Mohalla- Kacchi Ghat, Chamdoriya, Post- Jhauganj, Police Station- Chowk, District- Patna. ... ... Petitioner/s

Versus

1.

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

The Collector, Arwal.

3.

The Additional Collector, Arwal.

4.

The Circle Officer, Arwal, District- Arwal.

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Respondent/s :

Mr. Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-09-2024 Heard the parties.

2. The petitioner by invoking the extraordinary writ jurisdiction of this Court seeks a direction upon the respondents authorities, especially respondent no.4, the Circle Officer, Arwal, to consider his application and mutate 1/4th share of the total land as mentioned in Schedule-A and B given in Partition Suit no. 82 of 1976, as the same has been decreed in favour of the father of the petitioner in the afore-noted partition suit and dully affirmed in First Appeal no. 51 of 1979 vide judgment dated 29.04.2013 by this Hon'ble Court.

3. Learned counsel for the petitioner adverting to the averments made in the writ petition has contended that basing

Patna High Court CWJC No.14299 of 2024(2) dt.24-09-2024 2/2 upon the judgment and decree passed in partition suit and further affirmed in 1st Appeal, as noted hereinabove, the petitioner has filed an application before the Circle Officer, Arwal on 09.11.2022, but till date the same has not been brought to its logical conclusion.

4. Learned counsel for the State submitted that the Circle Officer, Arwal, is the Competent Authority, who shall look into the matter and take appropriate action.

5. Considering the submissions advanced on behalf of the parties and the nature of the grievance, the writ petition stands disposed of with a direction to respondent no.4, the Circle Officer, Arwal, to take up the application of the petitioner and dispose of the same in accordance with law in terms of the statutory prescription as provided under Section 6 of the Bihar Land Mutation Act, 2011 and the Rules, 2013 within a period of eight weeks from the date of receipt/production of a copy of this order.

(Harish Kumar, J) rohit/- U