Bikrama Pandit v. The Principal Secretary,The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1490 of 2019 ====================================================== Bikrama Pandit Shyama Pandit R/o- Village - Deowaria, P.S. Taraiya, DistSaran, Bihar ... ... Petitioner/s

Versus

1. The Principal Secretary, the State Of Bihar and Ors Land Reforms Department, government of bihar, Patna

2. The District Magistrate Saran at Chapra

3. The D.C.L.R. Marhaura, saran at Chapra

4. The Circle Officer Taraiya, District- Saran, at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kapil Deo Singh For the Respondent/s :

Ms. Prakridita Sharma, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 The only grievance, which the petitioner is raising in the present application, that the respondents are not issuing rent receipt in respect of land pertaining to Khata No. 125, Survey No. 578, 593, ad-measuring 01 Katha 07 Dhur. The petitioner is said to have made application before the Deputy Collector, Land Reforms, Marhaura (Saran) on 22.05.2018, which, according to him, has yet not been disposed of.

In my view, the petitioner has a remedy under the provisions of Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as 'the Act'), by making an application before the competent authority.

It seems from Section 2(a) of the Act that Deputy

Patna High Court CWJC No.1490 of 2019(2) dt.25-01-2019 2/2 Collector, Land Reforms, itself is the competent authority before whom the petitioner has filed his representation, which has been brought on record by way of Annexure-1 to this writ application.

Considering the nature of relief, which the petitioner is seeking, this application is disposed of with an observation that, if the Deputy Collector, Land Reforms, Marhaura (Saran), before whom the petitioner has filed his representation, is the competent authority under Section 2(a) of the Act, he shall be obliged to pass appropriate order on the petitioner's representation, which is said to have been received on 22.05.2018.

The petitioner shall be at liberty to file an application afresh by referring to the said provision of law, raising his grievance, which shall be disposed of in accordance with law. (Chakradhari Sharan Singh, J) Ashish/- U