Bimlesh Kumar v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18802 of 2024 ====================================================== Bimlesh Kumar Ghanshyam Prasad @ Ghanshyam Yadav Resident of Village - Belahi, Bhaurajpur, P.S. - Andar, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Collector-cum-District Magistrate, Siwan. 3.

The Additional Collector, Siwan.

4.

The Circle Officer, Andar, Siwan.

5.

Ajor Ahin Son of Ajara Ahir Resident of Village- Belahi, Bhaurajpur, P.S.- Andar, District- Siwan.

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Respondent/s :

Mr.Addl. Advocate General 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 10-12-2024 In the instant writ petition, petitioner has prayed for the following relief (s) :- "(I) To issue a writ in the nature of "Mandamus" or any other appropriate writ / writs, order or orders, direction / directions commanding the Respondent No.

3 to decide and disposed off the Jamabandi Cancellation Case No. 07 of 2023-2024 at the earliest possible day which was registered in the Court of Learned Additional Collector, Siwan, on the application dated 02.09.2024 of Revenue Karmchari, Andar, Siwan (Annexure P/5).

Patna High Court CWJC No.18802 of 2024 dt.10-12-2024 2/3 And which finds support of report and recommendation of Circle Officer, Andar, Siwan.

(II) To hold and declare that the land having nature of Gairmazarua Malik vide Land reference Mauza Bhaurajpur, Thana No. 290, Khata No. 894, 371, 671, Area 58-9 Dhurs, erroneously and illegally bears creation of Jamabandi in favour of Private Respondent No. 5 and his family members;

Accordingly the same stands fit to be cancelled.

(III) To hold and declare that the said cancellation of Jamabandi is demand of legal mandate and interest of Justice for the sake of villagers.

(IV) To grant any other relief / reliefs for which the petitioner is entitled for and the Hon'ble Court deems fit and proper."

2. Learned counsel for the petitioner submitted that Jamabandi Cancellation Case no. 07 of 2023-24 in connection with land appertaining to Thana No. 290, Khata No. 894, 371, 671, Area 5-8-9 dhurs, mouza Bhaurajpur was initiated by the Circle Officer, Andar, Siwan at the instance of petitioner and others. A report was called for from the Halka Karmachari and the Halka Karmachari submitted its report vide letter dated 29.06.2024. Thereafter, the Circle Officer, Andar, Siwan sent to

Patna High Court CWJC No.18802 of 2024 dt.10-12-2024 3/3 same to the Additional Collector, Siwan vide letter dated 20.07.2024. Learned counsel submits that the said case is still pending and no order has been passed till date.

3. Learned counsel for the State submits that the aforesaid aspect is a matter of record. He further submits that the concerned authority may be directed to dispose of the aforesaid petition as per the statutory provision.

4. Considering the facts and circumstances of the case and the arguments advanced on behalf of both the parties, the present writ petition is disposed of with direction to the concerned authority to conclude the said Jamabandi Cancellation Case No. 07 of 2023-24, which was registered on 14.12.2023, after providing due opportunity to the parties concerned, expeditiously preferably within a period of six months from the date of receipt of the copy of this order, in accordance with law.

(Alok Kumar Pandey, J) mcverma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.12.2024 Transmission Date NA