Md. Ishak Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14239 of 2023 ====================================================== Md. Ishak Ansari son of Md. Bhola Ansari, Resident of Village-Gaura, P.O. and P.S.-Bihiya, District-Bhojpur (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Collector, Bhojpur.

3.

The Additional Collector, Bhojpur (Bihar).

4.

The Deputy Collector Land Reforms, Jagdishpur, Bhojpur, District-Bhojpur (Bihar).

5.

The Circle Officer, Bihiya, District-Bhojpur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Pandey, Advocate For the Respondent/s :

Mr. Raj Kishore Roy ( GP 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2024 Heard the parties.

2. The present petition has been preferred for the following reliefs:

(i) for issuance of writ in the nature of mandamus directing the Respondent Authorities to correct of create Jamabandi in the name of the petitioner for his purchased land for which mutation order was passed in Mutation Case No. 508 of 2001-02 but has wrongly created in different Mauza (Village);

(ii) for directing the Respondent Authorities to correct their mistake by which

Patna High Court CWJC No.14239 of 2023(3) dt.28-03-2024 2/3 name of the petitioner has been recorded in Jamabandi Register of different Village Bagahi whereas his purchased land is within Village Karakhiya for which mutation order was passed but due to mistake of Revenue Authorities irregularity has been committed in opening of Jamabandi;

(iii) for setting aside an order dated 18.01.2023 passed by the learned Additional Collector, Bhojpur in cancellation of Mutation Case No. 40 of 2022 by which he has refused to follow the recommendation issued by Respondent Nos.

4 & 5 to pass an order for correction of Jamabandi in favour of the petitioner of his purchased land as same mistake has been done by Revenue Karmachari while making entries in Register-II.

3. A counter affidavit on behalf of the Circle Officer, Bihiya, Bhojpur is on record in which in paragraph 10, it has been stated that once the correction slip is generated, the grievance of the petitioner shall be redressed within a period of twenty-one days.

4. The reply has been put on affidavit on 19.02.2024 and today, it is 28.03.2024.

5. Learned counsel for the petitioner submits that the period of twenty-one days has lapsed.

Patna High Court CWJC No.14239 of 2023(3) dt.28-03-2024 3/3

6. In that view of the matter, the writ petition stands disposed of with a direction to the Circle Officer, Bihiya, Bhojpur to take immediate steps and do the corrective measures within a period of thirty days from today taking into account his own undertaking given in the counter affidavit which was not completed.

(Rajiv Roy, J) kiran/- U