Barho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17938 of 2024 ====================================================== Barho Yadav Son of Late Shukar Yadav Resident of Village- Dharhara Khurd, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Prohibition and Excise and Registration Department, Bihar, Patna.

3.

The District Collector, Patna.

4.

The District Registrar, Gaya.

5.

The Circle Officer, Fatehpur, Gaya.

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Respondent/s :

Mr.Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 26-11-2024 In the instant petition, petitioner has prayed for the following relief:- That the petitioner crave indulgence of the Hon`ble court for issuance of direction orders or writ in nature of:- (i) A mandamus direction to the respondent no-4 to accept the execution of the sale deed of the petitioner in Thana novillage Deonarayanchak, Khata no-20, Plot no-80 area 0.80 Decimal and Khata no20 (New) Plot no-49 (New) Area 0.80 decimal, khata no-20 (New) Plot no-29 (New) Area 0.20 3/4 decimal and Khata no-19 (New) Plot no-59/133 (New) Area 0.11 decimal in total 1.11 3/4 decimal P.S.-Fatehpur District Gaya.

(ii) For issuance of any other writ, writs, order, orders, to which the petitioner may be found entitled too.

Patna High Court CWJC No.17938 of 2024 dt.26-11-2024 2/3

2. Learned counsel for the petitioner submits that respondent authority has denied to accept registration of sale deed of land in question as mentioned in prayer clause. He has not submitted that he has raised his grievance before competent authority.

3. Learned counsel for the State submits that petitioner has not raised his grievance before any concerned authority as same is evident from record. If he raises his grievance before competent authority, same may be looked into.

4. Be that as it may, for seeking writ of mandamus, there must be a demand before the competent authority. At the same time, duty is cast on the concerned public authority. The first ingredient of demand before the competent authority is not forthcoming

5. Accordingly, the present writ petition stands disposed of as not maintainable.

6. However, disposal of the writ petition would not be hurdle for the petitioner to represent his grievance before the concerned authority. If petitioner submits his representation before the concerned authority within four weeks from the date of receipt of this order, the competent

Patna High Court CWJC No.17938 of 2024 dt.26-11-2024 3/3 authority is directed to hear the grievance of the petitioner and pass order expeditiously, in accordance with law. (Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.11.2024 Transmission Date NA