Krishna Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19675 of 2024 ====================================================== Krishna Kumar Verma Son of Late Ram Bahadur Prasad, Presently residing at House No.415, P.O.- Nehru Nagar, P.S. Patliputra, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Sheohar.

3.

The Additional District Magistrate, Sheohar.

4.

The Deputy Collector Land Record, Sheohar.

5.

The Circle Officer, Sheohar.

6.

Bharat Bhushan Son of Anjani Kumar at present residing at Khoda Nagar, P.S. and P.O.- Motihari, Dist- Motihari, East Champaran. 7.

Benay Bihari Son of Anjani Kumar, at present residing at Khoda Nagar, P.S. and P.O.- Motihari, Dist- Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arshad Alam, Sr. Advocate Mrs. Anjum Perveen, Advocate For the Respondent/s :

Mr. Vishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-01-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. This writ petition has been filed for the following reliefs:- "(a) To direct the Respondent no.5 to decide the mutation matter of the petitioner without any delay and harassing the petitioner.

(b) To direct the Respondents 2, 3 and 4 to issue the direction to Respondent

Patna High Court CWJC No.19675 of 2024(2) dt.20-01-2025 2/3 no. 5 to decide the instant matter according to law.

(c) To direct the private Respondents to deliver the possession of land to the petitioner the said land was given to the petitioner by his father through family partition, which has been taken by the respondents illegally and by using force.

(d) To direct all the Respondents including private Respondent to vacate the land of petitioner and not to disturb the possession of the petitioner.

(e) To direct the Respondent no. 5 to decide the matter on the basis of the family partition done by the father of petitioner.

(f) To issue a mutation in favour of the petitioner on the family partition paper which should be the basis of mutation.

(g) Any other appropriate writ, order or direction for which the petitioner is deemed to be entitled."

3. Learned Counsel for the petitioner submits that his prayer for mutation is pending since long. Counsel for the petitioner submits that the Circle Officer is sitting tight over the matter and not taken any decision with regard to mutation of the petitioner's land and, therefore, the petitioner has no option but to move before this Court seeking direction to the Circle Officer

Patna High Court CWJC No.19675 of 2024(2) dt.20-01-2025 3/3 for the same.

4. Learned Counsel for the State, on the other hand, submits that representation has not been filed and due to this reason decision could not be taken and the said representation is not on record.

5. From Annexure-P/2 it transpires that representation has been filed by the brother of the petitioner and petitioner's representation is not on the record.

6. In this view of the matter, this writ petition is disposed off directing the petitioner to file a fresh representation before the Circle Officer, Sheohar (respondent No.5) and the Circle Officer, Sheohar, after hearing the petitioner and respondent Nos.6 and 7 shall pass a reasoned and speaking order within 30 days after appearance of respondent Nos.6 and 7.

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