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Patna High CourtCWJC/2738/2020disposed

Md. Hussain, v. The State Of Bihar

2020-02-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2738 of 2020 ====================================================== Md. Hussain, son of Late Md. Sarfuddin, resident of Mohalla- Chawani, Tekari, Police Station- Tekari, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

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

3.

The Collector, Gaya.

4.

The Additional Collector, Gaya.

5.

The Deputy Collector Land Reforms, Tekari, Gaya. 6.

The Circle officer, Tekari, District- Gaya.

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

For the Petitioner/s :

Mr.Rajiv Nayan Singh For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2020 Heard both sides.

The learned counsel for the petitioner submits that in the cadestral survey the record of rights was standing in the name of the father of the petitioner and after demise of his father the name of petitioner was entered in the record of rights and the petitioner was also paying rent but after 2003, the revenue authorities stopped issuance of rent receipt on the ground that during the course of revisional survey the record of rights of the land in question stood recorded in the name of the State of Bihar. The petitioner filed Title Suit No. 329/ 2006/ 284/2015

Patna High Court CWJC No.2738 of 2020(2) dt.17-02-2020 2/2 for declaration of title and confirmation of possession. The suit was decreed and thereafter the petitioner filed petition before the Circle Officer to get his name recorded in the record of rights and to issue rent receipts but the Circle Officer did not pass any order and, therefore, the petitioner filed this writ petition.

Having considered the submissions, I dispose of this writ petition with a direction to the Circle Officer, Tekari, Gaya to pass order on the petition of the petitioner within three months from the date of receipt of this order. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U