Ashwini Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14099 of 2024 ====================================================== Ashwini Kumar, Son of Shiv Shankar Prasad, Resident of village- Purani Bijali Colony, Untta Station, P.S. - Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary Land Revenue and Reform Govt. of Bihar, Patna. 3.

The Collector, Cum-District Magistrate Jehanabad. 4.

The Additional Collector Jehanabad, District- Jehanabad. 5.

The Deputy Collector Land Reform Jehanabad.

6.

The Circle Officer, Circle Ghoshi, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Respondent/s :

Mrs. Deepika Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-09-2024 Heard Mr. Ratnakar Jha, learned Advocate for the petitioner and Mrs. Deepika Sharma, learned Advocate for the State.

2. The petitioner by filing the present writ petition under Article 226 of the Constitution of India seeking a direction upon the respondents to make upto date record with respect to Bakast land of the petitioner and also to accept the rent after its fixation and further be pleased to issue rent receipts regularly.

3. Learned Advocate for the petitioners contended that for redressal of his grievance the petitioner filed an appropriate

Patna High Court CWJC No.14099 of 2024(2) dt.19-09-2024 2/3 application before the Circle Officer, Ghoshi, Jehanabad for fixation of rent under the provisions of Bihar Land Reforms Act, 1950. The Circle Officer having considered the claim of the petitioner forwarded the application of the petitioner alongwith the copy of survey khatian suggesting the nature of the land as Bakast Malik for necessary action to the D.C.L.R., Jehanabad on 07.07.2023, the copy of which has been marked as Annexure-P/5.

4. Irrespective of the recommendation made by the Circle Officer, the matter is kept pending before the D.C.L.R., Jehanabad and till date no appropriate order has been passed compelling the petitioner to approach before this Court. Learned Advocate for the petitioner also drew the attention of this Court to the statutory provisions and the circular issued in this regard that the pending application should be disposed off preferably within a period of 90 days.

5. At this juncture, learned Advocate for the State submits that since the matter is pending before the D.C.L.R., Jehanabad who shall look into the matter and pass appropriate order.

6. Considering the submissions advanced on behalf of the respective parties, the present writ petition stands disposed

Patna High Court CWJC No.14099 of 2024(2) dt.19-09-2024 3/3 off with a direction to the D.C.L.R., Jehanabad to take appropriate decision on the recommendation made by Circle Officer, Ghoshi preferably within a period of two months from the date of receipt/production of a copy of this order, in accordance with law.

7. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U