Anil Kumar Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10942 of 2018 ====================================================== Anil Kumar Rai Son of Late Shanichar Roy, Resident of VillageThakurichak, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The District Magistrate, Begusarai.
3.
The District Sub Registrar, Begusarai.
4.
The Sub Divisional Officer, Begusarai.
5.
The Deputy Collector, Land Reforms, Begusarai. 6.
The Circle Officer, Barauni District Begusarai. ... ... Respondent/s ====================================================== Appearance:
For the Petitioner/s :
Mr.Arun Kumar, Advocate Mr. Ram Vinay Pd. Singh @ Sanjay, Advocate For the Respondent/s :
Mr.Akash Chaturvedi, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2023 1.
The present writ petition has been filed seeking the following relief:- "1. That the petitioner prays for issuance of appropriate writ in the nature of mandamus commanding and directing upon the respondents concerned specially respondent no.2 (D.M) to get the lands registered as the land in question is Raiyati land of the petitioner who has purchased the same by registered sale deed and Jamabandi has also been created in his favour and even query made from the level of respondent authorities, Circle Officer, Barauni has reported that the land in question is raiyati
Patna High Court CWJC No.10942 of 2018(3) dt.27-06-2023 2/3 land and as such the same may be registered despite that without assigning any valid reason land is not being registered, causing much monetary loss to the petitioner as petitioner has deposited the amount and received the stamp paper for registrations."
2.
The learned counsel for the respondentState has referred to the counter affidavit filed in the present case to submit that the Circle Officer, Barauni, District-Begusarai has submitted a report dated 11.10.2018, wherein it has been stated that since the land in question is Gairmajarua Khas Kism Garha, recommendation has been made for cancellation of the Jamabandi of the said land, whereafter a letter has also been written to the Additional District Collector, Begusarai dated 09.10.2018. In such view of the matter, it is submitted that the registry of the land in question is not possible.
3.
At this juncture, the learned counsel for the petitioner has submitted, by referring to
Patna High Court CWJC No.10942 of 2018(3) dt.27-06-2023 3/3 Annexure-R/2, annexed to the counter affidavit filed in the present case, that the Sub-Divisional Officer, Begusarai by his letter dated 31.07.2017 has written to the District Sub-Registrar, Begusarai that since the Jamabandi is existing in favour of the vendor of the land in question, namely, Shri Vakil Ram, recommendation has been made by the Circle Officer, Barauni for vacating the ban imposed upon the registration of the land in question.
4.
Having regard to the facts and circumstances of the case, this Court finds that in case Jamabandi is existing in favour of the vendor of the land sought to be sold, the registry of the sale deed in question cannot be refused unless and until Jamabandi stands cancelled, hence the respondents are directed to take appropriate action, in accordance with law, forthwith.
5.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) S.Sb/- U