Citation : 2021 Latest Caselaw 5602 Patna
Judgement Date : 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6468 of 2020
======================================================
Eashrat @ Ishrat Pravin, Wife of Md. Shamsher, Permanent Resident of Village - Alamchak, Ward No. -9, Circle, Panchayat, P.O. and P.S.- Mansoorchak, District- Begusarai. At present resident of - Mohalla - Keshri Gali, Kedar Nath Road, Kalyani, Musahri, Muzaffarpur.
... ... Petitioner Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
3. The District Magistrate, Begusarai.
4. The Addl. Deputy Collector, Begusarai.
5. The Sub Divisional Officer, Teghra, Begusarai.
6. The Deputy Collector of Land Reforms, Tehgra, Begusarai.
7. The Circle Officer, Mansoorchak, Begusarai.
8. The Circle Inspector, Mansoorchak, Begusarai.
9. The Revenue Halka Karamchari, Mansoorchak, Begusarai.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate For the Respondent/s: Mr. Wasi Ahmad Khan, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 29-11-2021 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 -
"(A) For issuance of appropriate writ/writs, order/orders, direction/directions to the concerned respondent authorities to immediately take action on the application dated 01.02.2020 (Annexure-3) filed by the petitioner before the concerned respondents for declaration of Title on the land upon which petitioner and Patna High Court CWJC No.6468 of 2020 dt.29-11-2021
his family members are residing for last several decades in the light of Gazette publication dated 11.11.2014 (Annexure-1) issued by the Revenue and Land Reforms Department of the State Government regarding declaration of title of the tenants on the basis of possession over the land for more than 30 years. (B) For direction to the respondent concerned to decide the issue raised by the petitioner expeditiously and after completing the all formalities and to enter her name in Jamabandi Register and to issue revenue receipt of the said land within a reasonable period.
(C) For any other relief/reliefs to which the petitioner is found entitled under the facts and circumstances of the present case."
3. At the outset itself, reference is invited to the
petitioner's representation dated 01.02.2020 (Annexure-3) before
the Circle Officer, Mansoorchak, Begusarai which is said to be
pending. It is submitted that it will suffice if a direction is given for
disposal of such representation and in such event the writ petition
need not be decided on its merits.
4. Learned counsel for the State appears and has been
heard.
5. Having regard to the nature of the grievance and the
stand of the petitioner, the writ petition is disposed of with a
direction to the Circle Officer, Mansoorchak, Begusarai (respondent
no. 7) to consider and dispose of the petitioner's representation
dated 01.02.2020, if still pending, after grant of opportunity of Patna High Court CWJC No.6468 of 2020 dt.29-11-2021
hearing to the petitioner in accordance with law, expeditiously and
preferably within a period of eight weeks from the date of
receipt/production of a copy of this judgment.
(Vikash Jain, J) Ibrar//-
AFR/NAFR NAFR CAV DATE N.A. Uploading Date 29.11.2021 Transmission Date N.A.
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