Raj Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25498 of 2019 ====================================================== Raj Nandan Singh S/o -Late Ram Kaval Singh R/o- Village and P.O.- Dih Dhandhua, Dist.- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Revenue Dept. Govt. of Bihar.

2.

The District Magistrate Vaishali (Hajipur).

3.

The Sub- Divisional Officer Mahua, Dist.- Vaishali. 4.

The Circle Officer Jandaha, Dist.- Vaishali.

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Respondent/s :

Mr.Subash Chandra Yadav (GP15) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2019 Heard both sides.

The petitioner filed this writ petition for a direction to the Circle Officer, Jandaha, respondent No.4, not to mutate the land of Revisional Survey Khata No. 706, Plot No. 466, Thana No. 364, Area 5.625 decimal situated in village- Dhandhua, Block- Jandaha, District- Vaishali in the name of Chandra Kant Thakur, S/o Kamala Kant Thakur R/O village- Dhandhua, P.S.- Jandaha District- Vaishali, who has purchased the aforesaid land by registered sale deed from Maha Purush Singh. The learned counsel for the petitioner submits that land of Plot No. 466, Thana No. 364, Area 5.625 decimal was wrongly recorded in the name of Ram Khelawan Singh in the

Patna High Court CWJC No.25498 of 2019(2) dt.19-12-2019 2/2 revisional survey. The land was recorded in the name of forefather of petitioner in cadestral survey. The petitioner is in possession of the land but Maha Purush Singh illegally sold the land in favour of Chandra Kant Thakur on 16.04.2019. The petitioner filed petition before the Circle Officer but from the facts it appears that in the revisional survey the land was recorded in the name of ancestor of Maha Purush Singh. The petitioner did not take any step for correction of record of rights. Maha Purush Singh, in whose name the land was recorded in the revisional survey, sold the land in favour of Chandra Kant Thakur and Chandra Kant Thakur is entitled to get his name mutated by virtue of sale deed and, therefore, this court cannot direct the Circle Officer not to mutate the name of Chandra Kant Thakur.

Having considers the facts aforesaid, I do not find any merit in this writ petition and the same is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- U