Patna High Court
Gulab Ram @ Gulab Dhobi @ Gulab Baitha vs The State Of Bihar And Ors on 12 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17669 of 2016
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1.1. Gauri Shankar Ram, Son of late Gulab Ram@ Gulab Dhobi@ Gulab Baitha,
Resident of Village- Dinara, P.O. Dinara, P.S. Dinara,District- Rohtas at
Sasaram.
1.2. Sunil Kuma Ram, Son of late Gulab Ram@ Gulab Dhobi@ Gulab Baitha,
Resident of Village- Dinara, P.O. Dinara, P.S. Dinara,District- Rohtas at
Sasaram.
1.3. Santosh Kumar, Son of late Gulab Ram@ Gulab Dhobi@ Gulab Baitha,
Resident of Village- Dinara, P.O. Dinara, P.S. Dinara,District- Rohtas at
Sasaram.
... ... 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, Bikaramganj 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
: Mr. Ashutosh Suman, Advocate
For the Respondent/s : Mr.Birendra Prasad Singh, AC to SC-19
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 12-08-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. Following relief(s) have been prayed for in
paragraph no. 1 of the present writ application.
Patna High Court CWJC No.17669 of 2016 dt.12-08-2024
2/4
" 1. 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,
Khesera No. 1754 Area 0.05 Acres and the matter is still
pending with the respondent no.3 for final order since the year
2011."
3. Learned counsel for the petitioner submits that
petitioner is a landless person belonging to scheduled caste
category and has been paying Chowkidari rent to the
respondents since the year 1959 for the part of the land shown in
Khata No. 723 (i.e. the land in question). Learned counsel
further submits that petitioner also approached to the
Consolidation Officer, Dinara under Section 10B of the Bihar
Consolidation Act and the Consolidation Officer, Dinara while
hearing the case of the petitioner as well as on going through the
report of the Circle Officer, Dinara passed the order on
16.11.1991
in Case No. 39/75 directing the concerned officials
to make the entry of the landed area 0.05 Acre, Kheshra no.
1754 of Khata No. 723 in the name of the petitioner. Learned
counsel further submits that petitioner also approached the
concerned authority for the fixation of rent of land part of Khata
Patna High Court CWJC No.17669 of 2016 dt.12-08-2024
No. 723, Khesara No. 1754 Area 0.05 Acres of Mauza Dinara
Thana No. 109 in view of the order passed in case no. 39/75-76
and on the application of the petitioner, the Circle Inspector
submitted its report to the Circle Officer Dinara on 15.10.2011
in Rent Fixation Case No. 01/11-12. The Circle Officer, Dinara
accepted the report and send it to the DCLR Bikramganj for
final rent fixation for the land in question on 20.11.2011 vide
letter no. 596. Learned counsel, therefore, submits that the case
of the petitioner is pending before the DCLR, Bikramganj (as
per Annexure-4 series) for fixation of final rent for the land in
question and, the petitioner prays that the same may be disposed
of within a time frame.
4. Learned counsel for the State does not object to the
prayer made by the learned counsel for the petitioner for
disposal of the case pending before DCLR, Bikramganj.
5. Considering the aforesaid facts and circumstances,
the DCLR, Bikramganj (Respondent No. 3 herein) is directed to
consider the case, i.e. Rent Fixation Case No. 01/11-12, of the
petitioner related to the fixation of rent after perusing the
documents filed on behalf of the petitioner and pass reasoned
and speaking order in accordance with law within a period of
three months from the date of receipt/production of a copy of
Patna High Court CWJC No.17669 of 2016 dt.12-08-2024
this order.
6. With the aforesaid observation/direction, the
present writ application stands disposed of.
(Rudra Prakash Mishra, J)
Alok Verma/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.08.2024
Transmission Date N/A
