Upendra Kumar Pandey @ Upendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.866 of 2023 ====================================================== Upendra Kumar Pandey @ Upendra Pandey Son of Late Kapildeo Pandey, Resident of Village- Rupani, Police Station- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Registration, Govt. of Bihar, Patna.

2.

The District Magistrate cum Registrar, East Champaran, Motihari. 3.

The Sub-Registrar, East Champaran, Motihari.

4.

The Circle Officer, Patahi, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Respondent/s :

Mr. Vikash Kumar ( SC 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner to unlock / release the land of the petitioner which was purchased in the name of the petitioner's ancestor and thereafter, the rent receipts for the lands are being continuously paid by their ancestors. On the other hand, counsel for the State submits that the said land is recorded in the name of Gairmajarua Malik and therefore, permission cannot be granted. In response thereof, counsel for the petitioner submits that after purchase of the land, the entire rent receipts are continued in the name of the petitioner.

Patna High Court CWJC No.866 of 2023(5) dt.04-09-2023 2/2

3. After submissions of the argument, it transpires to this Court that the Government of Bihar, Revenue and Land Reforms Department has issued a Circular, namely, 925 dated 11.11.2014 relating to raiyati claim on the Gairmajarua Malik land in which policy has categorically decided which is Annexure-3 of the writ petition.

4. In this view of the matter, petitioner is directed to file representation before the Collector, East Champaran, Motihari with all relevant documents within 4 weeks from today and the Collector, East Champaran, Motihari in the light of the Circular 925 dated 11.11.2014 issued by the Government of Bihar, Revenue and Land Reforms Department shall decide the claim of the petitioner with reasoned and speaking order within 6 weeks, thereafter.

5. With the aforesaid direction, the present writ application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U