Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16786 of 2022 ====================================================== Sunaina Devi W/o Late Aditya Shankar Resident of Mohalla New Godam Phasi Lane, P.S.- Kotwali, Gaya and At present residing at House no.- Ny 10, Jhun Jhun Mahal, New Yarpur, P.S.- Gardanibagh, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Old Secretariat, Patna, Bihar. 2.

District Magistrate, Gaya.

3.

Additional District Magistrate, Gaya.

4.

Circle Officer, Sadar Gaya, Chandauti Block, Gaya. 5.

Circle Inspector, Sadar Gaya, Chandauti Block, Gaya. 6.

Arun Kumar, Previous Halka Karamchari Cum Circle Inspector, Chandauti Block, Sadar, Gaya.

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

For the Petitioner/s :

Mr. Dr. Ajay Shankar Rajoo, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and the State.

2. The present writ petition has been preferred for the following relief/s:- "(a). That for issuance of a writ in the nature of mandamus to command the respondents no 1 to 6 for execution/issuance of zamabandi revenue receipt which is laid down in the basket of rubbish of respondents no 4 same contained still pending in Annexure 1 series in which entire relevant

2/4 documents earlier submitted by petitioner to respondent no 4.Consequently respondent no 4 who has directed to issue notice against petitioner and previous land owners who have executed sale deed in the year of 1985 & 1990 in Jamabandi case no 7/2021.However previous land owner namely Badho Devi, Ram Rati Devi and Sarasawati Devi D/O Manki Kunwar. They did not live in previous Mohalla New Godown Phasi after executed sale deed to petitioner since 14-05-85 through the inquiry report in same locality.Its respective Khata no 550(old) and 847(new) and plot no 6937 in which holding no already established new ward no 8 and old ward no 3, new holding no 881.

Consequential revenue receipt and Gaya Municipal But revenue receipt is not uploaded online so enquiry has been setup by the respondent no 4 on the house of petitioner even then revenue receipt is not executed in the favour of petitioner inspite of

3/4 already submitted report to respondent no. 4 by respondent no. 6 contained in Annexure-1 series to this writ application.

(b). That for commanding the respondent no. 4 to issue revenue receipt on the report of respondent no. 6 as for investigation of property of petitioner in same locality where petitioner is living and in possession over her property since 1985 to till today with peacefully."

3. Learned counsel for the petitioner submits that despite repeatedly approaching the respondent No. 04, the Circle Officer, Sadar, Gaya, is not taking decision in the matter (he has taken this Court to the document on record marked as Annexure-1 series dated 11.02.2021).

4. Learned State counsel submits that if a petition is before the said respondent, decision has to be taken.

5. Taking into account, the limited prayer that has come in the writ petition i.e. to direct the Circle Officer, Sadar, Gaya to take decision on the petition preferred, this Court directs the said respondent to take immediate decision, if not taken, preferably within a period of four months from today

4/4 after hearing all the concerned.

6. The writ petition stands disposed of with aforesaid observation.

(Rajiv Roy, J) Adnan/- U