Vikash Kumar vs The State Of Bihar
2023 Latest Caselaw 964 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13342 of 2022
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Vikash Kumar S/o Late Umesh Prakash Mandal Resident of Mohalla- Betwan Bazar Argara Road Police Station- Kasim Bazar, District- Munger.

... ... Petitioner/s Versus

1. The State of Bihar through the Collector Munger.

2. The Collector, Munger.

3. The Sub-Divisional Officer, Sadar, Munger.

4. The Circle Officer, Sadar, District- Munger.

5. Asha Devi W/o Late Umesh Prakash Paswan Resident of Mohalla- Betwan Bazar Argara Road Police Station- Kasim Bazar, District- Munger.

6. Puja Rani D/o Late Umesh Prakash Paswan Resident of Mohalla- Betwan Bazar Argara Road Police Station- Kasim Bazar, District- Munger.

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

For the Petitioner/s : Ms. Sushmita Mishra, Advocate For the Respondent/s : M/s Rishi Raj Sinha (SC 19) Saurabh Kumar, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 13-03-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

The petitioner has filed the instant writ application for

the following relief(s):-

"(i) for the issuance of a rule in the nature of writ of certiorari for quashing the Order dated 07-07-2022 passed by Respondent No.4, The Circle Officer, Sadar Munger in Mutation Case No: 2789/2021-22 wherely and where under an order has been passed for mutation of the land appertaining to Khesra No. 1159 Thana No. 433 in Mauza- Aram Nagar with an area of 38 decimals bounded by East-

8ft Road West- Own House and House of Kam Singh Patna High Court CWJC No.13342 of 2022 dt.13-03-2023

North- Kaushalya Devi South- Main Road without consideration of the objection filed by the petitioner and giving any opportunity of hearing to the petitioner as contemplated in section 6 (2) of The Bihar Land Mutation Act 2011 (For short- The Act) and during the period when the Probate Case No. 10 of 2022 filed by the petitioner regarding aforesaid land was pending in the court of District Judge, Munger.

(ii) for the issuance of a rule in the nature of writ of Mandamus commanding the respondent authorities to comply the provisions of the Act in a just and proper manner.

A true copy of the Order dated 07-07-2022 is annexed herewith and marked as Annexure - 1 for identification."

It is submitted by learned counsel for the

petitioner that the order under challenge is the order dated

7.7.2022 passed by the Circle Officer, Sadar, District Munger

(respondent no. 4) passed in Mutation Case no. 2789/2021-22.

Referring to the order impugned it is submitted that inspite of

the petitioner having appeared and filed a detailed objection

petition dated 25.6.2022, a copy of which has been brought as

Annexure-5 to this application, from perusal of the order

impugned it would transpire that the contents of the objection

petition has not even been referred to nor considered by the

respondent no. 4. Further reference is made to section 6 of the

Bihar Mutation Act, 2011 to submit that it categorically provides Patna High Court CWJC No.13342 of 2022 dt.13-03-2023

that on receipt of the objection, the Circle Officer shall give

reasonable opportunity to the party concerned to adduce

evidence and of being heard and, thereafter, shall dispose of the

objection. Thus, it is submitted that on the face of it, the order

impugned is not sustainable and fit to be set aside.

Learned counsel appearing for the respondent

nos. 1 to 4 submits that the petitioner has an alternative and

efficacious remedy for filing an appeal under section 7 of the

Bihar Land Mutation Act, 2011 before the Land Reforms

Deputy Collector.

Having heard learned counsel for the parties and

taking into consideration the relevant provisions of the Act as

referred to and relied upon by the parties, the instant application

is disposed of giving liberty to the petitioner to move before the

appropriate authority under the Bihar Land Mutation Act, 2011.

In case such an appeal is filed within a period of two

weeks from today, the concerned authority under the Act in

considering the application for condonation of delay will take

into consideration the period for which the instant application

remained pending in this Court.

Further in case the appeal is preferred, the appellate

authority shall proceed to decide the appeal / application for any Patna High Court CWJC No.13342 of 2022 dt.13-03-2023

interim order expeditiously without any delay.

(Partha Sarthy, J) Spd/-

AFR/NAFR
CAV DATE                NA
Uploading Date          14.03.2023
Transmission Date