Ramkrit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16417 of 2024 ====================================================== Ramkrit Yadav son of Nanhu Yadav resident of Village- Kansopur, P.O.- Akbarpur, P.S.- Paliganj, District- Patna, PIN-804401. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-800015.

2.

The District Collector, District Collectorate Office, Gandhi Maidan, Patna, District- Patna-800004.

3.

The Additional District Collector, District Collectorate Office, Gandhi Maidan, Patna, District- Patna-800004.

4.

The Sub Divisional Officer, Sub-Division- Paliganj, District- Patna. 5.

The Deputy Collector Land Reforms, Paliganj, DCLR Office Paliganj, District- Patna.

6.

The Circle Officer, Circle- Paliganj, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayram Sharma, Adv.

For the Respondent/s :

Mr.Madhaw Prasad Yadav, GP 23 Mr.Arvind Kumar, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 28-10-2024 In the instant writ petition, petitioner has prayed for the following relief (s) :- "A. To issue in the nature of mandamus, commanding the Respondent No. 6, the Circle Officer, Paliganj to issue Rent Receipt Online as has been done in case of coparcener (own brother) of the joint property appertaining to the land containing in Annexure-P/2 of this application.

B. To grant any other relief/reliefs for

2/4 which the petitioner is entitled for."

2. Learned counsel for the petitioner submitted that with respect to the land in question, Jamabandi was created in the name of the petitioner alongwith coparcener, Rambrit Yadav (own brother of the petitioner) after following all legal formalities vide Jamabandi no. 22 for the petitioner and Jamabandi no. 147 for the coparcener respectively at village Kansopur, P.O.- Akbarpur, Panchayat- Ajada Sikariya, Thana No. 334, P.S.- Paliganj, Circle + Sub Division- Paliganj, District- Patna. It is submitted that petitioner alongwith coparcener has been paying rent to the concerned department. The land in question has been coming under title and possession of the petitioner after separation/partition of the property which is mentioned in Annexure-P/2 and there is no dispute from any corner either officially or personally since 1980.

Learned counsel further submitted that the Circle Officer, Paliganj asked the petitioner to submit Khatiyan, previous Jamabandi, land receipts and other required papers whereas issued online revenue receipt in favour of petitioner's brother.

3/4 Entry Data (only revenue receipts) to the copoarcener but in respect of petitioner it has not been uploaded as yet, which is the grievance of the petitioner. Learned counsel submits that the main thrust of the petitioner's grievance is on uploading of his Data Entry (online revenue receipts) and said grievance has not been rectified by the respondent no. 6.

3. Learned counsel for the State submits that petitioner is not aggrieved by any order passed by the Circle Officer, Paliganj (respondent no. 6) and for redressal of his aforesaid grievance he has proper remedy to put his grievance before the authority concerned. Petitioner without exhausting the remedy available, has directly rushed to this Court, and as such, the present writ petition is not maintainable.

4. Considering the facts and circumstances of the case and the arguments advanced on behalf of both the parties, the present writ petition is disposed of with liberty to the petitioner to approach the authority concerned for redressal of his grievance, which has been thrust upon by the petitioner in the present writ petition, within a period of four weeks from the date of receipt of a copy of this order. The concerned authority is directed to consider and dispose of the grievance of the petitioner after giving him due opportunity, expeditiously,

4/4 preferably within a period of six months from the date of filing of representation/application by the petitioner. (Alok Kumar Pandey, J) mcverma/- AFR/NAFR AFR CAV DATE Uploading Date 30.10.2024 Transmission Date