Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16865 of 2024 ====================================================== Ajay Yadav Son of Late Radha Kishun Yadav, resident of village - Bisen Tola, Ward No. 12, P.S. and Circle- Jagdishpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Bhojpur (Ara). 2.

The Deputy Collector, Land Reforms, Jagdishpur, Bhojpur (Ara). 3.

The Sub Divisional Officer, Jagdishpur, Bhojpur (Ara). 4.

The Circle Officer, Jagdishpur, Bhojpur (Ara). 5.

Laxmina Devi, Wife of Chandan Kumar, Resident of village and P.O - Saneya Barhatta, P.S. Jagdishpur, District - Bhojpur. 6.

Trideva Devi, Wife of Dwarka Yadav, Resident of village and P.O - Saneya Barhatta, P.S. Jagdishpur, District - Bhojpur. 7.

Ram Lal Yadav, Son of Dudhnath Yadav, Resident of village and P.O - Saneya Barhatta, P.S. Jagdishpur, District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Tiwary For the Respondent/s :

Mr.Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 30-10-2024 In the instant petition, petitioner has prayed for the following relief:- i. For issuance of a writ in the nature of Mandamus directing and commanding the Respondent Authorities in particularly the C.O. Jagdishpur to inquire in light of the order dated 30.01.2023 passed by the Court of Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Mutation Appeal Case No. 67/2020-21, as to how Jamabandi was created in favour of Laxmina Devi (Respondent No. 5) on the basis of rejected Mutation case and how Jamabandi

Patna High Court CWJC No.16865 of 2024 dt.30-10-2024 2/3 was created in the favour of Laxmina Devi and receipts were issued in her name inspite of the admitted position that the Mutation Case filed by Laxmina Devi was rejected by the learned Court below.

ii. For any other relief/reliefs for which the petitioner is entitled to.

2. Learned counsel for the petitioner submits that in mutation case, the petitioner's contention has not been taken into account by the Circle Officer, Jagdishpur. He further submits that petitioner has appealed before the DCLR, and he has given certain direction to the Circle Officer but said direction has not been complied by the concerned Circle Officer.

3. Learned counsel on behalf of State submits that petitioner has not annexed any document that he has approached the Circle Officer regarding the direction given by the DCLR. He further submits that petitioner has directly rush to this Court without availing appropriate remedy which is available, if the order of superior authority is not complied.

4. In the light of aforesaid facts and circumstances of the case, the present writ is not maintainable

5. Accordingly, the present writ petition stands disposed of, reserving liberty to the petitioner to approach the appropriate forum for execution of the order passed by DCLR, Jagdishpur.

Patna High Court CWJC No.16865 of 2024 dt.30-10-2024 3/3 If petitioner submits his representation before the appropriate authority within four weeks from the date of receipt of this order, the concerned authority is directed to hear the petitioner and the parties concerned after giving due opportunity and pass appropriate order expeditiously, as per law.

(Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.10.2024 Transmission Date NA