Deputy Collector must provide records within two weeks; writ disposed of after directing petitioner to assert Raiyati land status in appropriate forum.
Records to be provided within two weeks; writ application disposed off with direction to approach appropriate forum for land status claim.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16820 of 2010
====================================================== Siya Ram Sharan Sharma S/O Late Ram Dutt Singh R/O Vill.- Gobindpur, P.S.- Bikra, Distt.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary Department Of Revenue And Land Reforms, Govt. Of Bihar, Patna 2. The District Collector Cum District Magistrate, Patna 3. The Sub-Divisional Magistrate, Paliganj, Patna 4. The Circle Officer, Bikram, Patna 5. The Officer-In-Charge, Bikram Police Station, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dipak Kumar For the Respondent/s : Mr. (Sc2) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
06. 25.06.2013 Now that the original records as directed by this Court on 19.03.2013 has been produced by the State counsel, which was also perused by this Court. The availability of the records and the entries in the record and Takhtabandi is not an issue at all, since they are public documents for which the petitioner has been agitating not only before this Court, but even before Information Commission. The Deputy Collector (Records), Patna or Incharge, as the case may be, has an obligation to provide those documents or extracts thereof to the petitioner on demand. The original records must be returned to the office of the Deputy Collector (Records), Patna through the State counsel and no
Patna High Court CWJC No.16820 of 2010 (6) dt.25-06-2013 2/2
objection or any kind of stories are going to be put up against non-issuance of those extracts which the petitioner wants in this case.
If the petitioner files an application, the same would be made available within two weeks thereof or else the Court will hold the Deputy Collector (Records) personally responsible for violation of direction issued by this Court.
The Writ Application is disposed off at this stage. Based on the extract which the petitioner will beget, let them first satisfy the concerned authority on their right or assertion about the land being Raiyati land. Failure thereof will give them a right for their assertion before the appropriate forum.
(Ajay Kumar Tripathi, J.)
SKM/-
2 issues framed by the court
Validity of petitioner's claim regarding ownership or status of land being Raiyati land.
Authority's obligation to provide records to petitioner under High Court direction.
1 provisions across 1 enactments
Siya Ram Sharan Sharma
The State Of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
