Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14196 of 2023 ====================================================== SANJAY SINGH SON OF LATE BALIRAM SINGH RESIDENT OF VILLAGE-MADHOPUR, P.S.-GAUNAHA, DISTRICT-WEST CHAMPARAN (BETTIAH).
... ... PETITIONER/S
VERSUS
1.
THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY REVENUE AND LAND REFORM DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.
2.
THE DISTRICT MAGISTRATE CUM-COLLECTOR, WEST CHAMPARAN, BETTIAH.
3.
THE ADDITIONAL COLLECTOR, WEST CHAMPARAN, BETTIAH 4.
THE DEPUTY COLLECTOR, LAND REFORM, NARKARIAGANJ, DISTRICT-WEST CHAMPARAN, BETTIAH.
5.
THE CIRCLE OFFICER, GAUNAHA, DISTRICT-WEST CHAMPARAN, BETTIAH.
6.
ANAND KISHORE SINGH SON OF LATE RAMCHANDRA SINGH RESIDENT OF VILLAGE-CHATARBHUJAWAR, P.S.-SHIKARPUR, DISTRICT-WEST CHAMPARAN BETTIAH, AT PRESENT RESIDING AT VILLAGE-MADHOPUR, P.S.-GAUNAHA, DISTRICT-WEST CHAMPARAN BETTIAH 7.
RAMASHANKAR SINGH SON OF LATE RAMCHANDRA SINGH RESIDENT OF VILLAGE-CHATARBHUJAWAR, P.S.-SHIKARPUR, DISTRICT-WEST CHAMPARAN BETTIAH, AT PRESENT RESIDING AT VILLAGE-MADHOPUR, P.S.-GAUNAHA, DISTRICT-WEST CHAMPARAN BETTIAH 8.
USHA KUMAR @ USHA DEVI WIFE OF RAVINDRA SINGH RESIDENT OF VILLAGE-CHATARBHUJAWAR, P.S.-SHIKARPUR, DISTRICT-WEST CHAMPARAN BETTIAH, AT PRESENT RESIDING AT VILLAGE-MADHOPUR, P.S.-GAUNAHA, DISTRICT-WEST CHAMPARAN BETTIAH ... ... RESPONDENT/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar , Advocate For the Respondent/s :
Mr. Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and the State.
Patna High Court CWJC No.14196 of 2023(3) dt.11-01-2024 2/3
2. This writ application has been filed for the following reliefs:
(I) For the issuance of a direction to the respondents to correct the 1st set of Jamabandi of Khata No. 46, Khesra No. 414, Area - 1 Bigha, 1 Kattha, 15 Dhur, Klhata No- 46, Kheshra No. - 458, Area - 5 Kattha 16 Dhur, Khata No. 46, Khesra No 439 Area 17 Kattha 15 Dhur and Khata No - 27 , Khesra No-324, Area - 13 Kattha 9 Dhur and Khata No. 72, Kheshra No. 523 , Area 8 Katthas 121/2 Dhurs and create the fresh Jamabandi of the lands mentioned above in the name of petitioner. (ii) For issuance of directions in the nature of mandamus commanding the Respondents, 1st Set to act according to the order of this Hon'ble High Court which was passed on 12.10.2010 in C.W.J.C. No. 10500 of 2010 in which this Hon'ble Court after hearing the parties hold that a Title Suit is pending with respect to the lands in questions and therefore the question of mutating the name or cancelling the mutation of any one party does not arise in this case, status-quo ought to be retained with respect
Patna High Court CWJC No.14196 of 2023(3) dt.11-01-2024 3/3 to the land in question. The name should be recorded in the revenue record only after the final decision of Title Suit pending with respect to the partition between the family members i.e. the father of the Petitioner and the Respondent 2nd Set.
3. In view of the nature of the grievance, this writ petition is disposed of with liberty to the petitioner to file a fresh representation before the Circle Officer, Gaunaha, District-West Champaran, Bettiah. (respondent No. 5) within a period of six weeks from today.
4. In the event such a representation is filed by the petitioner, the Circle Officer, Gaunaha, District-West Champaran, Bettiah. (respondent No. 5) is directed to dispose of the aforesaid representation after hearing the parties in accordance with the law, preferably within a further period of six months from the date of receipt/filing of the representation.
(Prabhat Kumar Singh, J) Koushik/- U