Prakash Kumar Badal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15758 of 2024 ====================================================== Prakash Kumar Badal s/o Sri Radha Krishna Prasad Singh and Smt. Dayamanti Devi@ Dayamanti Kumari resident of Village- Muriawa Sai,P.O and P.S-Masarahi District-Patna at present resident of Pitambara Mandir Colony, Near Dharambir Gul Factory, Gur Ki Mandi, Sampatchak, P.S.- Alamganj, Gulzarbagh, Patna-800007.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional secretary, Bihar Land reforms and Revenue Department, Government of Bihar, Patna. 2.
The District Magistrate-cum-Collector, Nalanda. 3.
The Sub Divisional officer, Biharsharif, Nalanda. 4.
The Circle Officer, Biharsarif, Nalanda 5.
Deepak Kumar Priyadarshi son of late Radha Krishna Prasad and Dayamanti Devi @ Dayamanti Kumari R/O Village- Moriawan, P.O Hazrat Sain, P.S.- Dhanarua, Distt- Patna.
6.
Rashmi Devi W/o Purushottam Kumar, daughter of Late Radha Krishna Prasad and Dayamanti Devi @ Dayamanti Kumari R/o- Mahamadpur, P.S.- Jehanabad, Distt- Jehanabad 7.
Jyoti Kumari w/o Kedar Prasad, daughter of Late Radha Krishna Prasad and Dayamanti Devi @ Dayamanti Kumari R/o Village-Telhara, P.S.-Telhara Distt- Nalanda (Bihar) ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar Sinha, Advocate For the Respondent/s :
Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 08-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. Following relief(s) have been prayed for in paragraph no. 1 of the present writ application. "1.I. For direction upon respondent authority to act and dispose of
2/4 the grievance of petitioner as raised through application dated 27/08/2024 before the concern CO, Biharsharif for mutation of the property pertaining to Khata No- 47, Khesera No- 359 and 453 Mauza Chakhajiyan, Biharsharif, Nalanda got in a Partition Suit through the process of court within a reasonable period of four weeks from the order of this Hon'ble High Court.
II. Further direct the CO, Biharsharif issuance of online receipt in the name of their mother namely Dayamanti Devi pertaining to Mauza- Chakhagiyan, Thana no. 126, Khata No.- 47,46, Khesera no.- 359,453 area 2.89 decimal and 1.50 decimal respectively.
III. Further also pray that after the above the land in question further mutated in the name of petitioner along with others brothers and sisters, so that the land could be enjoyed without any hindrance and rent would be paid to the government of Bihar
3/4 from their behalf as because of the fact mother of the petitioner had expired while the execution of final decree and the name of petitioner along with his rest brother and sister has been substituted.
IV. Pass such order/orders as may deem fit and proper in the facts and circumstances of the case."
3. At the outset, learned counsel for the petitioner has confined his prayer only to the extent of disposal of representation dated 27.08.2024 (Annexure-P1) which is pending consideration before the concerned Circle Officer (Respondent No. 4 herein) within a time frame.
4. Learned counsel for the State raised no objection to the prayer made by the learned counsel for the petitioner for disposal of representation dated 27.08.2024 (Annexure-P1).
5. Considering the aforesaid facts and circumstances, the concerned Circle Officer (Respondent No. 4 herein) is directed to consider the representation dated 27.08.2024 (Annexure-P1) and dispose of the same after perusing the documents filed on behalf of the petitioner and pass reasoned and speaking order in accordance with law within a period of
4/4 two months from the date of receipt/production of a copy of this order.
6. With the aforesaid observation/direction, the present writ application stands disposed of.
(Rudra Prakash Mishra, J) Alok Verma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.10.2024 Transmission Date N/A