Raisharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17731 of 2024 ====================================================== Raisharwan Kumar Son of Late Rai Bharat Kumar Resident of 501 Omi Complex, S.P. Verma Road, P.S. Kotwali Patna Town, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Collector, Nalanda, Bihar Sharif. 2.

The District Collector, Nalanda, Bihar Sharif. 3.

The S.D.O. Rajgir, District-Nalanda.

4.

The L.R.D.C. Rajgir, District-Nalanda.

5.

The Circle Officer, Rajgir Block, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sri Krishna Ranjan, Adv.

For the Respondent/s :

Mr.Venkatesh Kirti,JC to G.A. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 26-11-2024 Heard the parties.

2. In the instant petition, petitioner has prayed for the following relief(s):- For issuance of writ of mandamus to the authorities concern, to mutate the name of the petitioner's mother name in the records of right with regard to plot No. 924, khata no. 186 of village Panditpur, Block Rajgir, District- Nalanda which was purchased by the mother of the petitioner namely Omi Devi through a registered sale deed no. 13857 dated 23.11.1968 from Birender Kumar Karnwal.

(b) For any other relief/reliefs as your lordship may deem fit.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.17731 of 2024 dt.26-11-2024 2/3 mother of petitioner, late Omi Devi purchased 0.75 decimal land having plot no. 924 khata no. 186, Village Panditpur Block Rajgir, District Nalanda through registered sale deed dated 23.11.1968 and after death of his mother, petitioner became owner of land in question. He further submits that petitioner applied for mutation of his land in his own name by filing petition dated 23.12.2023 before the Circle Officer, Anchal Rajgir, District Nalanda. Again, he filed petition for mutation of land in question in his name on 02.10.2024 before the concerned Circle Officer but no order has been passed by the concerned Circle Officer despite this fact that he has sent his representation through Speed Post and the receipt of postal is also attached with the application.

He further submits that earlier mother of the petitioner also applied for mutation before the concerned Circle Officer but no action has been taken by him. Learned counsel could not point out as to whether he has applied for mutation through online process or not, though, online process has already been started for mutation of land.

4. Learned counsel for the State has submitted that though petitioner has represented his grievance through speed post but he has not submitted any official receipt of his representation which is evident from the material available on

Patna High Court CWJC No.17731 of 2024 dt.26-11-2024 3/3 record. Learned counsel further submits that if petitioner files fresh representation before the concerned Circle Officer, the concerned Circle Officer shall look into the matter.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with liberty to petitioner to raise his grievance either through physical mode or online mode before the respondent no. 5/ Circle Officer, Rajgir Block, District Nalanda within a period of four weeks from the date of receipt of this order. If petitioner raises his grievance before the concerned authority by filing representation within the stipulated period, the concerned authority shall pass appropriate order on the representation of the petitioner within a period of eight weeks from the date of representation in accordance with law after giving due opportunity of hearing to the party concerned.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.11.2024 Transmission Date N.A.