Krishna Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19569 of 2024 ====================================================== Krishna Murari Singh Son of Late Siya Sharan Singh, resident of VillageDariyapur, Police Station-Shahpur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Patna Division, Patna. 4.

The Collector cum District Magistrate, Patna. 5.

The Additional Collector, Patna.

6.

The Circle Officer, Anchal Office, Danapur, District-Patna. 7.

The Circle Inspector, Anchal Office, Danapur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Singh For the State :

Mr. Sanjay Kumar A.C. to S.C. 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 09-01-2025 In the instant petition, petitioner has prayed for the following relief:-

1. That by the present writ petition, the petitioner hereof craves indulgence of this Hon'ble Court for issuance of an appropriate writ/writs, order/orders, direction/directions, rule or command, especially in the nature of 'Certiorari, quashing and setting aside the order, dated 11.09.2024 passed by respondent no. 6, so far as it relates to the petitioner as contained in Annexure P/3 whereby Jamabandi No. 231 which stands in the name of the petitioner in the revenue records has been recommended to be

2/4 cancelled along with other Jamabandi holders, namely, Lakhpat Mistri and Saryug Singh to the Additional Collector, Patna vide Jamabandi Cancellation Case No. 03/2024-25 said to have been forwarded under Letter No.

5511, dated 13.09.2024, ignoring the legal position of the land, appertaining Khata No. 96, corresponding Khesra no.

959, measuring an area of nine decimal for which Basgit Parcha was duly issued in favour of the grandfather of the petitioner, namely, Doma Singh in the year 1966-67 by the then Anchal Adhikhari, Danapur and accordingly, Jamabandi has been created in his name and after fixation of rent, receipts thereof had been issued for the first time on 17.01.1969 and onwards and three generation of the family of deceased Doma Singh had been living in the houses since last 58 years over the said Basgit Parcha land which has been sought to be cancelled without proper verification or any other relief(s) to which the petitioner may be found entitled thereto as this Hon'ble Court may deem just and proper under the backdrop of the facts and circumstances of the present case.

2. Learned counsel for the petitioner submits that Basgit Parcha was duly issued in favour of Doma Singhgrandfather of the petitioner in the year 1966-67 of land in question which is Tauzi No. 2983, Khata No. 96, Khesra

3/4 No. 959 measuring an area of nine decimal which is annexed as annexure P/1 (series) and after the death of grandfather of the petitioner, Jamabandi No. 231 was created in favour of the petitioner. He further submits that without any specific reason, the Circle Officer, Danapur has recommended for cancellation of Jamabandi No. 231 which was already issued in the name of the petitioner. There is no material which has been provided as to why recommendation has been issued for cancellation of Jamabandi no. 231 without any material available on record.

3. Learned counsel on behalf of the State on the basis of record submits that against the order of the recommendation for cancellation of Jamabandi, petitioner has approached this Court which is not appropriate remedy rather petitioner has to represent his grievance before Additional Collector- Respondent No.5 and he may look into his grievance.

4. In the light of discussions made above, it is found that petitioner has not approached the concerned authority for redressal of his grievance. Accordingly, the present writ

4/4 petition stands disposed of with direction to the petitioner to approach the concerned authority within four weeks from the date of receipt of the order. If he represents his grievance before concerned authority, the concerned authority may pass appropriate order as per law expeditiously.

5. Until and unless reasoned order is passed by the concerned authority, the interest of petitioner would be protected.

(Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.01.2025 Transmission Date NA