Kumar Suresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16943 of 2024 ====================================================== Kumar Suresh Singh Son of Lalan Singh, resident of Village- Newaji Tola, P.O. - Sandha, P.S. - Chhapra Muffasil, District- Saran, at present Ashiana Apartment, AL 6/3/3, Sector 5, Airoli Navi Mumbai, P.S. - Thane, Maharashtra.

... ... Petitioner/s

Versus

1.

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

The Collector, Saran at Chhapra.

3.

The Additional District Magistrate, Saran at Chhapra. 4.

The Circle Officer, Sadar Circle Office, District - Saran at Chhapra. 5.

The then Circle Officer namely Pankaj Kumar, Sadar Circle office, DistrictSaran at Chhapra presently posted at Ara as Executive Magistrate. 6.

The then Halka Karamchari namely Md. Saifullah Rahmani, Sadar Circle Office, District - Saran at Chhapra presently posted at Dariyapur Circle Office, Saran at Chhapra.

7.

Shivjee Mahto, son of Late Mahavir Mahto @ Mahavir Dhanuk, resident of village- Ramnagar Dhala, P.S.- Chhapra Muffasil, District- Saran at Chhapra.

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Respondent/s :

Mr. AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2024

1. Heard learned counsel for the petitioner and learned AC to AAG-13.

2. The learned counsel for the petitioner submits that the grand father of the petitioner purchased land pertaining to Khata No.499, Plot No.1643, Area 1 bigha 14 katha 3 dhur by four registered sale deeds from different purchasers in the year 1956, 1960 and 1966 respectively. It is next submitted that

2/4 thereafter Jamabandi No.1512 was created in name of the grand father of the petitioner, namely, Harbansh Singh, and accordingly, the grand father of the petitioner started paying rent to the State Government, as would manifest from Annexure-1 series to the writ application.

3. The learned counsel appearing on behalf of the State, at this stage submits that though it has been pleaded that the land in question was purchased by the grand father of the petitioner, through four different registered sale deeds but then neither the number nor the date of the sale deeds has been pleaded in the writ application. The learned counsel for the State also submits that even the pleading is silent with respect to the year, in which, Jamabandi was created in favour of the grand father of the petitioner, with respect to his purchased land.

4. The learned counsel appearing on behalf of the petitioner submits that in the year 2023, the petitioner visited the Circle Office to deposit the due rent, when he was informed by the Halka Karmchari that the entire pages related to Jamabandi No.1512 is destroyed and in place of Jamabandi No.1512, Jamabandi No.890 has been created in the year 2019-20 and is running in the name of the father of the respondent no.7, namely, Mahavir Mahto @ Mahavir Dhanuk. It is submitted that

3/4 petitioner on coming to know about the said fact, represented before the authorities for restoring his Jamabandi No.1512. It is next submitted that the authorities also got the matter inquired and suo moto instituted Jamabandi Cancellation Case No.111/2023-24 in the Court of Additional Collector, Saran at Chapra for cancelling Jamabandi No.890. The learned counsel next submits that the petitioner has no concern with the fake Jamabandi No.933, which was also created with respect to some other land, which also forms part of Jamabandi Cancellation Case No.111/2023-24.

5. The learned counsel appearing on behalf of the petitioner submits that the petitioner would be satisfied in the event if the writ application is disposed of with a direction to the Additional Collector, Saran at Chapra to adjudicate and dispose of Jamabandi Cancellation Case No.111/2023-24 within a time frame.

6. The learned counsel appearing on behalf of the State also does not dispute the said submission of the learned counsel appearing on behalf of the petitioner.

7. After hearing the learned counsel for the parties and without going into the merits of the case, the writ application is disposed of with a direction to the Additional Collector, Saran at

4/4 Chapra to dispose of Jamabandi Cancellation Case No.111/2023-24 within a period of six months from the date of receipt/production of a copy of this order.

(Satyavrat Verma, J) amit/- U T