Patna High CourtCWJC/7631/2017dismissed

Rajni Kant Srivastava v. The State Of Bihar And ORS

2018-08-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7631 of 2017 ====================================================== Rajni Kant Srivastava Son of Late Ramchandra Prasad, Resident of Mohalla- Thakurbari, P.O. and P.S.- Motihari Town, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Revenue Department, Patna.

2. The District Magistrate, Motihari, East Champaran.

3. The Sub Divisional Officer, Sadar, Motihari, East Champaran.

4. The Circle Officer, Motihari Circle, Motihari East Champaran. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Respondent/s : Mr. Subhash Chandra Yadav- Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-08-2018 Heard both sides.

The petitioner has filed this writ petition to quash Letter No.1675 dated 02.11.2016 (Annexure-6) by which the Circle Officer, Motihari, who declared the lands for which petitioner filed for Land Possession Certificate belongs to the State of Bihar as Gairmajarua Aam.

Learned counsel for the petitioner submits that the petitioner purchased the aforesaid land from Yamuna Sah by registered sale deed on 23.11.2011. Yamuna Sah purchased the land from Vishwanath Prasad Chourasiya on 26.06.1995. Earlier L.P.C. was issued to the petitioner on 16.12.2012 and the

Patna High Court CWJC No.7631 of 2017 (2) dt.23-08-2018 2/2 petitioner regularly paid the rent but it appears from perusal of Anexure-6 that the Circle Officer sent the letter to the First Appellate Authority under Right to Information Act that the lands of Khesra No.3612 and others of Khata No.594 are recorded as Gairmajarua Aam in the name of State of Bihar and it is a internal letter sent to the S.D.O. but the petitioner has not annexed any order or the petition filed before the Circle Officer for grant of land possession certificate.

Having considered the facts aforesaid, I do not find any merit in this writ petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) Amit/- U