Vivekanand Vivek v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 15725 of 2024 ====================================================== Vivekanand Vivek son of Late Devendra Poddar Resident of Mohalla- Flat No- 102, Block- C, Luxmikant Niketan Parisar, Jamal Road, P.S.- Gandhi Maidan, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna- 23.
2.
The Principal Secretary, Revenue Department, Govt. of Bihar, Patna- 23. 3.
The Collector, Patna.
4.
The Circle Officer, Patna Sadar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Vivek (In Person) For the Respondent/s :
Mr. Wasi Ahmad, AC to SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-10-2024 Mr. Vivekanand Vivek, learned Advocate appears in person. The State is represented by Mr. Wasi Ahmad, learned Advocate.
2. By filing the present application the petitioner seeks a direction upon the respondents, especially respondent no. 4 to consider his application for mutation of the Flat, as described in the sale deed No. 18420 dated 24.09.2009 situated at Mauja Jamal Rad, Patna, Municipal Survey Plot No. 132, 667 and 123 (part), Holding No. 148/C, Circle No. 6, Survey Sheet No. 19 and 20, Ward No. 18 (old) 28 (new), Area 33.3496 sq ft.
3. The petitioner, in person, contended that the Flat in
Patna High Court CWJC No. 15725 of 2024 dt.08-10-2024 2/3 question was purchased through sale deed No. 18420 on 24.09.2009 by the bonafide Builder. Having purchased the Flat, he alongwith his family came in possession and thereupon filed an application for mutation on 29.12.2009. Time without number, the petitioner approached before the Circle Officer, Sadar Patna and also brought this fact to the other higher authority concerned but till date mutation has not been done.
4. Learned Advocate for the State submits at the Bar that the Circle Officer is the competent authority, who shall look into the matter and pass appropriate order.
5. Considering the submissions advanced on behalf of the parties and taking note of the fact that the application for mutation is pending since 2009, though under the Bihar Land Mutation Act, 2011 the period has been stipulated to consider the application for mutation and dispose of the same; the recalcitrant attitude of the concerned Circle Officer is highly deplorable. In any view of the matter, this Court deems it fit and proper to dispose of the writ petition with a direction to the respondent no. 4 to consider the application of the petitioner and dispose of the same, preferably within a period of six weeks from the date of receipt/production of a copy of this order.
6. Suffice it to say, if the respondent no. 4 deems it
Patna High Court CWJC No. 15725 of 2024 dt.08-10-2024 3/3 necessary that the application needs to be filed through online, it must be communicated to the petitioner, whereupon the petitioner shall ensure filing of the application though online. The entire exercise must be completed within the period stipulated.
7. The writ petition stands disposed of.
(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 14.10.2024 Transmission Date