Rabish Kumar Alias Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13805 of 2023 ====================================================== Rabish Kumar alias Ravish Kumar Son of Late Rameshwar Choudhary, P.O.- Vasudevpur, Raisar, Vasudevpur, Munger, Currently Resident of Raisar, P.S.- Kotwali, District-Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

Commissioner, Munger Divison, District- Munger. 4.

District Magistrate-Cum-Collector, Munger, District- Munger (Bihar). 5.

The Superintendent of Police, Munger, District- Munger. 6.

Sub-Divisional Officer, Munger, District- Munger. 7.

D.C.L.R., Sadar Munger, District - Munger 8.

S.D.P.O, Sadar, Munger.

9.

Circle Officer, Sadar, P.S.- Sadar, District- Munger 10.

Officer-in-Charge, Kotwali, P.S.- Kotwali, District- Munger 11.

Ram Sumaran Mahto Son of Late Ram Pravesh Mahto, Resident of Daultal Mahto Tola, P.S.-Muffasil, District- Munger.

12.

Villayati Mahto Son of Late Awadh Lal Mahto, Resident of Daultal Mahto Tola, P.S.-Muffasil, District- Munger.

13.

Sultan Mahto Son of Late Ram Baran Mahto Resident of Daultal Mahto Tola, P.S.-Muffasil, District- Munger.

14.

Mosmat Janki Devi Wife of late Sudhir Mahto Resident of Daultal Mahto Tola, P.S.-Muffasil, District- Munger.

15.

Dev Sundar Mahto Son of Late Visheshwar Bind Resident of Daultal Mahto Tola, P.S.-Muffasil, District- Munger.

16.

Ram Bachan Bind Son of Late Visheshwar Bind Resident of Daultal Mahto Tola, P.S.-Muffasil, District- Munger.

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

For the Petitioner/s :

Mrs. Alka Singh, Advocate Mr. Sumeet Kumar Singh, Advocate Mr. Kumar Avinash, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and the

Patna High Court CWJC No.13805 of 2023(2) dt.21-12-2023 2/3 State.

2. This writ petition has been filed to direct the respondent authorities to protect the property of the petitioner as guaranteed under Article 300-A of the Constitution of India being situated Thana No. 48, Old Khata No. 86, New Khata No. - 232, Plot No.

-1493, 1494, 1495, 1496, 1497, 1498; Area-6 Kathha 16 Dhur, Revenue Mauja- Harnathpur, Thana- Muffasil bearing boundary as; in North-Banarasi Mandal and their children, South- village road, East- Dukhi Yadav and his family, West- Vilayati Mandal and Ors; on the ground that the land of the petitioner is guaranteed under Article 300-A of the Constitution of India, the petitioner has purchased the said property through the valid title there is rent receipts, Jamabandi opened in the name of the petitioner and also to do the measurement of the land in question map and the property in dispute as there is valid application being filed in Form No. 36 before the Circle Officer vide Annexure-P/2 dated 13.08.

2020 but the same has not been decided in accordance with law; on the ground that the representation is pending since long, the case has been opened but no order has been passed, vide AnnexureP/4 dated 15.05.

Patna High Court CWJC No.13805 of 2023(2) dt.21-12-2023 3/3 been taken by the Circle Officer, Munger. Also, to direct the respondent authorities to act in accordance with Bihar Tenancy (Amendment) Rules, 2018 for measurement of the land and also to get possession of the property in question as per the measurement in accordance with law.

3 . After some arguments, petitioner makes request to dispose of the writ application with direction to respondent No. 9 (the Circle Officer, Sadar, P.S.- Sadar, District- Munger ) to dispose of the representation filed by the petitioner on 13.08.2020 i. e,. annexure P/2 to this writ petition .

4. In view of the limited prayer made on behalf of the petitioner, this writ petition is disposed with a direction to respondent No. 9 (the Circle Officer, Sadar, P.S.- Sadar, DistrictMunger ) to dispose of the representation of the petitioner i. e,. annexure P/2 to this writ petition, in accordance with law after hearing all the parties preferably within a period of six months from the date of receipt of copy this order.

(Prabhat Kumar Singh, J) Koushik/- U