Birendra Nath Ghosh vs The State Of Bihar
2024 Latest Caselaw 802 Patna

Patna High Court

Birendra Nath Ghosh vs The State Of Bihar on 1 February, 2024

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15936 of 2019
     ======================================================
     Birendra Nath Ghosh S/o Late Jadulal Ghosh Resident of Mohalla- Naua
     Garhi, P.S. Civil Lines, Town and District- Gaya.

                                                           ... ... Petitioner/s
                               Versus
1.   The State of Bihar through the Principal Secretary, Revenue and Land
     Reforms, Govt. of Bihar.
2.   The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar.
3.   Director, Land Records and Survey, Govt. of Bihar.
4.   The Survey Settlement Officer, Gaya.
5.   The District Magistrate, Gaya.
6.   The Circle Officer, Bodh Gaya, Gaya.
7.   The Vice Chancellor, Magadh University, Bodh Gaya, Gaya.
8.   The Registrar, Magadh University, Bodh Gaya, Gaya.

                                              ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Shambhu Nath, Advocate
     For the Respondent/s   :     Md. Khurshid Alam, AAG 12
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                     ORAL JUDGMENT

Date : 01-02-2024

Heard learned counsel for the parties.

2. This writ application has been filed for the following reliefs:

"[i]. For issuance of writ/writs, order/orders, direction to the Circle Officer, Bodh Gaya, respondent No. 6 to mutate the name of petitioner in view of judgment and order dated 05.12.2007 passed by learned Munsif 2nd, Gaya in T.S. No. 178/2001 and accept rent as well as to issue rent receipt.

[ii]. For issuance of writ/writs, order/orders, direction to the Survey Settlement Officer, Gaya, respondent No. 4 to make correction in revisional survey record by making entry the name of petitioner in view of judgment and order dated 05.12.2007 passed by learned Munsif 2nd, Gaya in T.S. No. 178/2001.

Patna High Court CWJC No.15936 of 2019 dt.01-02-2024

[iii]. For issuance of writ/writs, order/orders, direction to the respondents not to disturb the long standing possession of petitioner over 85 decimals of land bearing R.S. Plot No. 944, R.S. Khata No. 1034 carved out from C.S. Khata No. 316, C.S. Plot No. 3247."

3. After some argument, learned counsel for the petitioner request

for disposal of the writ application granting liberty to the

petitioner to file fresh representation before the Circle Officer,

Bodh Gaya, Gaya (Respondent No. 6).

4. In view of the prayer made on behalf of the petitioner, writ

petition is disposed of with liberty to the petitioner to file fresh

representation before the Circle Officer, Bodh Gaya, Gaya

(Respondent No. 6) within a period of six weeks from today.

5. In the event such representation is filed within the stipulated

time, Respondent No. 6 is directed to dispose of the same in

accordance with law after hearing the parties, preferably, within a

period of three months from the date of filing of such

representation.

6. Writ petition is disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) Navya/-

AFR/NAFR                NAFR
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Uploading Date          06.02.2024
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