Usha Prasad vs The State Of Bihar
2023 Latest Caselaw 3545 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1433 of 2023
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Usha Prasad Wife of Atma Nand Kumar Resident of- Mangla Asthan, Ramchandra Pur, P.S.- Biharsharif, District- Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary Land Revenue and Reform, Government of Bihar Patna.

2. The Collector Bihar Sharif at Nalanda.

3. The Circle Officer Bihar Sharief, Nalanda.

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

For the Petitioner/s : Mr.Majid Mahboob Khan, Advocate For the Respondent/s : Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 08-08-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present petition has been filed for a direction to

respondent No.3, namely, the Circle Officer, Biharsharif to

accept the rent and grant rent receipt in favour of the petitioner

appertaining to Khata No. 152, Plot No. 997, admeasuring area

2 decimal situated in Thana No. 119, situated in Mohalla-

Singarhat, Biharsharif Nalanda and Khata No. 303, Plot No.

1359, Thana No. 132 situated in Mohalla -Aashanagar,

Biharsharif, Nalanda.

3. Learned counsel for the petitioner submits that the

said lands are the purchased land of the petitioner through

registered sale deeds dated 11.04.1984 and 26.05.1990. He Patna High Court CWJC No.1433 of 2023 dt.08-08-2023

further submits that by virtue of both the sale deeds Jamabandi

was created in the name of the petitioner but since 2019

onwards neither the rent is being accepted from the petitioner

nor a rent receipt is being issued in favour of the petitioner. He

further submits that before the purchase of the said lands, the

petitioner had verified the land in the records of rights wherein

it was found running in the name of the petitioner's vendor.

4. Learned counsel for the State has filed a counter

affidavit. In the said counter affidavit, it has come that vide

order dated 23.03.2023 passed by the Circle Officer,

Biharsharif, the claim of the petitioner has been rejected. He

further submits that the petitioner has the liberty to challenge the

said order before the competent authority under the provisions

of The Bihar Land Mutation Act, 2011 (Act 23 of 2011).

5. In response, counsel for the petitioner submits that

the writ petition has been filed by the petitioner on 30.01.2023

and during the pendency of the present writ petition, the order

dated 23.03.2023 has been passed by the Circle Officer,

Biharsharif rejecting the claim of the petitioner.

6. In this background, while disposing of the present

writ petition, this Court grants liberty to the petitioner to avail

the statutory remedy under the provisions of The Bihar Land Patna High Court CWJC No.1433 of 2023 dt.08-08-2023

Mutation Act, 2011 (Act 23 of 2011) within a period of four

weeks from today.

7. The possession of the petitioner over the land in

question shall not be disturbed by the respondent authority till

the finality of litigation under the provisions of the Bihar Land

Mutation Act, 2011 (Act 23 of 2011).

8. With the above observation and direction, the writ

petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          11.08.2023
Transmission Date