Ramji Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19498 of 2018 ====================================================== Ramji Upadhyay Son of late Nand UPadhyay Resident of Village- Bhudawa, P.O. Kochas, P.S. Dinara, District- Rohtas, At Present resides at Kali Mandir, Bawanbadh, Manikpur, Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Additional District Magistrate, Rohtas, Sasaram. 3.

The Circle Officer, Kochas, Rohtas.

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

For the Petitioner/s :

Mr. Poddar Suresh Gandhi, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam- AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-11-2025 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"That through this Writ petition, which is in the nature of Certiorari, petitioner has challenged the Notice, issued by Addl. District Magistrate, Rohtas, Sasaram dated 07.04.2018 in jamabandi Cancellation Case No. 05 of 2018 as well as the Letter of Circle Officer, Kochas dated 05.02.2018, which is beyond the Jurisdiction and wholly misuse of law under the Act. The law is very clear under the Land Dispute Resolution Act, 2009 that any party aggrieved by the order, passed by the competent

Patna High Court CWJC No.19498 of 2018(3) dt.03-11-2025 2/2 authority may file an appeal before the Commissioner within whose jurisdiction the order has been passed within a period of thirty days from the date of Order. Competent Authority means Deputy Collector, Land Reforms or any Officer assigned to discharge the function and duties of Deputy Collector, Land Reforms in the SubDivision."

3. After some arguments, learned counsel for the petitioner submits that he shall be answering to the notice issued by the concerned respondent and the same be taken to its logical conclusion.

4. Learned State counsel submits that if the reply is filed to the notice, naturally, if the same is still pending shall be taken to its logical conclusion.

5. Granting liberty to the petitioner to approach the concerned respondent by filing a proper reply alongwith supporting annexures if the same has still not disposed of, be disposed of at an earliest, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U