Patna High Court
Saheb Lal Singh vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5507 of 2020
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Saheb Lal Singh, S/o Chandra Dev Singh, R/o Village - Pachlakh Dih, P.S.-
Parsa, Dist.- Saran.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Land
Reforms Department, Govt. of Bihar, Patna.
2. The Commissioner, Saran at Chapra.
3. The Collector cum District Magistrate, Saran at Chapra.
4. The Additional Collector, Saran at Chapra.
5. The Deputy Collector, Land Reforms at Chapra.
6. The Circle Officer, Parsa at Saran.
7. The Circle Inspector, Parsa at Saran.
8. The Halka Karmchari, Parsa at Saran.
9. Jaglal Sharma, S/o Ghan Chandra Sharma, resident of Village - Pachlakhi,
P.S. - Parsa, District- Saran.
10. Bansi Thakur, S/o Narayan Thakur, resident of Village - Pachlakhi, P.s.-
Parsa, District- Saran.
11. Heera Thakur, S/o Hari Thakur, resident of Village - Pachlakhi, P.S.- Parsa,
District- Saran.
12. Shivajee Thakur, s/o Ramdas Thakur, resident of Village - Pachlakhi, P.S.-
Parsa, District- Saran.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Arun Kumar Singh, Advocate
For the Respondent/s : Mr.Subash Chandra Yadav, G.P.-15
Mr. Dhurjati Kumar, G.P.-14
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 22-11-2021
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition-
"(i) To issuance of appropriate writ/ writs/
order/orders/direction in the nature of mandamus
commanding the respondent no.6 to pass an
Patna High Court CWJC No.5507 of 2020 dt.22-11-2021
appropriate order of Memo No.1313 dated 14.09.2019
issued by Additional Collector, Saran at Chapra
(Respondent No.4).
(iii) To any other relief for which the petitioner is
found to be entitled in law".
3. The short facts of the case according to the
petitioner are that the land measuring an area of 7 Bigha 11
Katha and 2 Dhur situated in Mouza Pachlakh appertaining to
Khata No. 109, Survey Nos. 2285, 2287 and 2288 stood in the
name of forefather of the petitioner in Survey Khatiyan, but Halka
Karamchari in connivance with the Circle Officer has issued
forged receipt of 11 Katha, 6 Dhur and created forged Jamabandi
No.0165 in the name of Awatar Thakur. To know the real facts in
relation to forged Jamabandi, the brother of the petitioner has
filed an application on 06.08.2015 (Annexure-2) before the Circle
Officer, Parsa. After lapse of four years, the Circle Officer, Parsa,
Saran issued a notice to the petitioner to appear on 24.08.2019 at
the Campus of Police Station, Parsa with regard to the complaint
(Annexure-3). When the Circle Officer, Parsa did not consider the
claim and grievance of the petitioner, he filed an application
before the Collector, Saran at Chapra on 26.08.2019 (Annexure-4)
upon which the Additional Collector, Saran at Chapra issued a
letter contained in Memo No. 1313 dated 14.09.2019 to the Circle
Officer, Parsa to clarify what steps had been taken in the matter
(Annexure-5). Again the petitioner filed an application before the
Patna High Court CWJC No.5507 of 2020 dt.22-11-2021
Circle Officer on 06.01.2020 (Annexure-6) requesting him to
apprise about the aforesaid letter dated 14.09.2019, but no reply
has been communicated to the petitioner.
4. Learned counsel for the petitioner submits that
despite the application having been filed on 26.08.2019 which
was followed up by an application before the Circle Officer, Parsa
on 06.01.2020, no further action appears to have been taken.
5. Learned counsel for the State appears and has been
heard.
6. Having regard to the nature of the grievances of the
petitioner, the writ petition is disposed of with a direction to the
Circle Officer, Parsa, Saran (respondent no.6) to consider and
dispose of the application of the petitioner said to have been filed
on 06.01.2020, if still pending, on its own merits in accordance
with law and after grant of an opportunity of hearing to the
petitioner, expeditiously and in any event preferably within a
period of eight weeks from the date of receipt/production of a
copy of this judgment.
(Vikash Jain, J)
V.K.Pandey/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 24.11.2021
Transmission Date N.A.
