Patna High Court
Sheo Prasad Singh vs The State Of Bihar And Ors on 1 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7270 of 2017
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Sheo Prasad Singh Son of Late Balli Singh, resident of village Dinara, P.O.
P.S. Dinara, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, Rohtas at Sasaram.
3. The Deputy Collector Land Reforms Bikramganj, District- Rohtas.
4. The Consolidation Officer, Bikramganj, District Rohtas.
5. The Circle Officer, Circle Dinara, District Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 01-08-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. Following relief has been prayed for in paragraph
no. 1 of the present writ application.
"That this is an application for issuance
of an appropriate writ/writs, order(s) or
direction(s) to the respondents to fix the rent of
land settled to the petitioner appertaining to
Mauza Dinara, Thana No. 109 Khata no. 723
Patna High Court CWJC No.7270 of 2017 dt.01-08-2024
2/4
Khesera No. 1754 Area 0.04 dec. and the matter is
still pending with the Respondent No. 5 for final
order since the year 2011."
3. Learned counsel for the petitioner submits that
father of the petitioner namely Balli Singh died leaving behind
this petitioner. Learned counsel further submits that petitioner's
forefather had been paying the Chowkidari rent to the
respondents since the year 1969 for the part of the land shown in
Khata No. 723, i.e. the land in question. The father of the
petitioner also approached to the Consolidation Officer, Dinara,
Section 10(B) of the Bihar Consolidation Act and the
Consolidation Officer while hearing the case of the petitioner as
well as going through the report of the Circle Officer, Dinara
passed the order dated 03.12.1983 in Case No. 9/83-84 directed
the concerned Officials to make the entry of the landed area
0.04 Acre, Kheshra No. 1754 of Khata No. 723 in the name of
the father of the petitioner. Learned counsel for the petitioner
further submits that from bare perusal of the order dated
03.12.1983
passed in Case No. 09/83-84 it is vividly clear that
for the settlement of the said part of Khata No. 723 is pending
since 1971. Learned counsel further submits that from the report
of the Circle Officer, Dinara, it is clear that the petitioner was in
Patna High Court CWJC No.7270 of 2017 dt.01-08-2024
possession of the land for more than 30 years. Learned counsel
for the petitioner referring to paragraph no. 10 of the present
application submits that Khatiyan has also been prepared in the
name of the petitioner's father (Annexure-4). Learned counsel
further submits that petitioner also approached the concerned
authority for the fixation of rent of land part of Khata No. 723
Khesra No. 1754, Area 0.04 Acres of Mauza Dinara Thana No.
109 in view of the order passed in consolidation Case No.
09/83-84 (Annexure-5). Learned counsel for the petitioner lastly
submits that he has already filed application on 15.10.2011
before the Circle Officer, Circle Dinara, District-
Rohtas(Respondent No. 5 herein) but the said application is still
pending. As such, learned counsel for the petitioner prays that
the same may be disposed of within a time frame.
4. Learned counsel for the State, in view of the limited
prayer made on behalf of petitioner, does not object to the
disposal of the application.
5. Considering the above, the Circle Officer, Circle
Dinara, District- Rohtas (Respondent No. 5 herein) is directed to
consider the same after perusing the documents filed on behalf
of the petitioner and pass reasoned and speaking order in
accordance with law within a period of two months from the
Patna High Court CWJC No.7270 of 2017 dt.01-08-2024
date of receipt/production of a copy of this order.
6. With the aforesaid observation/direction, the
present writ application stands disposed of.
(Rudra Prakash Mishra, J)
Alok Verma/-
Pankaj/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.08.2024
Transmission Date N/A
