Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18633 of 2024 ====================================================== Rajesh Yadav, Son of Late Hansananth Yadav, Resident of VillageDevanchal, P.S.-Jagdishpur, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms, Bihar. 2.

The District Magistrate, Siwan.

3.

The Additional Collector, Land Reforms, Siwan Sadar. 4.

The Deputy Collector, Land Reforms, Siwan Sadar. 5.

The Circle Officer, Nautan, District- Siwan.

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

For the Petitioner/s :

Mr. Dhananjay Mishra, Advocate Mr. Jitendra Kumar, Advocate For the Respondent/s :

Mr. Dr. Md. Raisul Haque, Standing Counsel (10) Mr. Binay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-12-2024 The petitioner has filed this writ petition for the following reliefs:

(i). For issuance of writ in the nature mandamus of any writ/writs other appropriate order/orders or direction/directions to respondent No. 5 (the Circle Officer, Nautan, District- Siwan) for execution and compliance of the order dated 31.03.2011 passed in Mutation Appeal Case No. 116/2009-10 by Deputy Collector Land Reforms, Siwan Sadar and the order dated 06.09.2018 passed by Additional Collector, Land Reforms, Siwan Sadar in Mutation Revision case no. 34/2017-18 whereby and whereunder the order dated 31.10.2009 passed by the Respondent No. 5 (the Circle Officer, Nautan) was set aside and it was directed to the Respondent No. 5 (the Circle Officer, Nautan) to maintain the Jamabandi as before appertaining land of (i) Jamabandi No. 279 Khata No. 64 admeasuring area 1 Bigha 5 (ii) Jamabandi No. 116 Survey No. 39, admeasuring

Patna High Court CWJC No.18633 of 2024(2) dt.10-12-2024 2/3 area 4 Katha (iii) Jamabandi No. 129, Khata No. 7, Survey No. 200, admeasuring Area-10 Katha 4 1/2 Dhur of Mauza-Devenchak, Thana-Nautan, District-Siwan in the name of the petitioner's father namely Hansnath, Uncle Gorakhnath and Petitioner's Grandmother namely Rajali Devi . (ii). To direct respondent no. 2 (District Magistrate, Siwan) to take essential action against the respondent no. 5 ( the Circle Officer, Nautan), who arbitrarily and mala fide did not take interest to implement the orders passed by DCLR and Additional Collector, Siwan Sadar.

(iii). For any other relief/s by which the petitioner found entitled in the facts and circumstances of the case.

2. Learned counsel for the petitioner submits that this writ petition may be disposed of with liberty to the petitioner to file detailed representation for redressal of his grievances before the respondent no. 5, Circle Officer, Nautan, District- Siwan within two weeks from today.

3. Learned counsel for the NHAI as well as learned counsel for the State have no objection to this prayer of the petitioner.

4. In view of the submission of learned counsel for the petitioner, this writ petition is disposed of with liberty to the petitioner, as prayed for.

5. On filing of the said representation within two weeks from today, the concerned authority shall pass an

Patna High Court CWJC No.18633 of 2024(2) dt.10-12-2024 3/3 appropriate order and dispose of the said representation in accordance with law, expeditiously, preferably within four months from the date of filing of the said representation. (Sunil Dutta Mishra, J) khushbu/- U