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Patna High Court

Paschami Digha Primary Agricultural ... vs The State Of Bihar on 3 December, 2021

Author: Vikash Jain

Bench: Vikash Jain

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6720 of 2020
     ======================================================
     Paschami Digha Primary Agricultural Credit Society (PACS) Ltd. through the
     President Shyam Narayan Sinha @ Shyam Narayan Singh, aged about 88
     years, Gender-Male, S/o Late Bishnu Dayal Prasad, resident of Mohalla-
     Bans- Kothi, P.s.- Digha, P.o.- Digha Ghat, District- Patna

                                                                ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the District Collector, Patna
2.   The Additional District Magistrate (Revenue), Patna
3.   The Land Reforms Deputy Collector, Patna Sadar, patna
4.   The Circle Officer, Patna Sadar, patna
5.   The Circle Inspector,

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :     Mr.Maheshwar Prasad, Adv.
     For the Respondent/s    :     Mr.Raj Kishore Roy (GP18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
     ORAL JUDGMENT
      Date : 03-12-2021
              Heard learned counsel for the petitioner and learned

     counsel for the respondents through video conference. Learned

     counsel for the petitioner hereby undertakes to remove all defects

     pointed out by the Stamp Reporter as and when required. It is

     accordingly directed that all defects pointed out by the Stamp

     Reporter be removed within one month hereof.

                 2. The present writ petition has been filed for "issuance

     of a writ, direction in the nature of mandamus to the commanding

     respondents, specially upon the respondent no.5 Circle Officer,

     Patna Sadar, Patna to dispose of the petition as provided in under

     section 12 of the Bihar Land Mutation Act, 2011 filed by the
 Patna High Court CWJC No.6720 of 2020 dt.03-12-2021
                                           2/3




       petitioner before respondent no.5 for mutation in respect of Land

       Plot no. 3499, 4421 and 2180 under different khatas under Halka

       Patliputra, Mauza- Digha, Thana- Digha, Circle Patna Sadar,

       District- Patna vide mutation application filed through online vide

       mutation case No. 1712/2018, 2285/18, 2250/18 dated 6-12-2018

       and again filed through office of District Magistrate, Patna on

       28.02.2019

with all readable document and respondents are sitting tite (sic) over the matter till date, reason best known by them."

3. Learned counsel for the petitioner states that three applications in three different mutation cases being dated 6.12.2018 in Mutation Case No. 1712/18-2019, 22.12.2018 in Mutation Case No. 2250/2018-2019 and dated 24.12.2018 in Mutation Case No. 2285/2018-2019 (Annexure-1 Series) have been filed, which however remain pending.

4. Learned counsel for the State appears and has been heard.

5. Having regard to the nature of the grievance of the petitioner, this writ petition is disposed of with a direction to the Circle Officer, Patna Sadar, Patna (respondent no.4) to consider and dispose of all the aforesaid three applications, if still pending, on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, expeditiously and in any Patna High Court CWJC No.6720 of 2020 dt.03-12-2021 3/3 event preferably within a period of three months from the date of receipt/production of a copy of this judgment.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) rishi/-

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Uploading Date          03.12.2021
Transmission Date