Dismissed

Awadhesh Prasad Singh @ Awadhesh Kumar Singh v. The State of Bihar

Patna HC12 Dec 2019CWJC/24227/2019

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus directing mutation of his name and issue of rent receipts for certain plots, claiming a river course change transferred State lands to his possession. The Court held it cannot direct settlement without admitted facts and dismissed the writ.

What did the court decide?

The writ petition is dismissed as there are no admitted facts to direct settlement.

Awadhesh Prasad Singh @ Awadhesh Kumar Singh Vs The State of… — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24227 of 2019

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Awadhesh Prasad Singh @ Awadhesh Kumar Singh, aged about 59 years, Male, Son of Late Vambahadur Singh, Resident of Village Dhamdaha Hathiyadiyara, P.S. Dhamdaha, District Purnea.

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... ... Petitioner/s

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Versus

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The State of Bihar, through the Principal Secretary, to Govt. of Bihar, Department of Revenue, Bihar, Patna.

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The Principal Secretary to Government of Bihar, Department of Revenue, Old Secretariat, Patna.

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The Collector of District Purnea.

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The Additional Collector Purnea.

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The Deputy Collector, Land Reforms, Dhamdaha, District- Purnea.

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The Circle Officer, Dhamdaha, District- Purnea.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Baidyanath Prasad For the Respondent/s : Mr.Md. Khursid Alam ( Aag12 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 12-12-2019 Heard both sides.

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The petitioner filed this writ petition seeking direction

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to the respondents to mutate the name of the petitioner and grant rent receipts after settlement of the land of Plots No.2505, 2506, 2378, 2834, Area 0.55 decimal and 0.20 decimal in view of the report of the Anchal Amin.

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Learned counsel for the petitioner submits that the Anchal Amin reported that the river was flowing through Plots No.2505, 2506, 2378, 2834 of Khata No.4036 but now the river has changed its course and the same is now flowing through the

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Patna High Court CWJC No.24227 of 2019(3) dt.12-12-2019 2/2

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lands of Plots No.2591, 2592, 2593, which belongs to the petitioner but the lands which was recorded in the name of the State of Bihar and through which the river was flowing came in possession of the petitioner and the petitioner is cultivating the same, therefore, the petitioner claims that same lands be settled in his favour.

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The petitioner claims that the lands came in possession of the petitioner on mere report of the Anchal Amin that too without any basis. The lands of the State of Bihar cannot be settled in favour of any person. If the petitioner, so wants, that the lands of State of Bihar on which the river was flowing may be settled, the petitioner be at liberty to file petition for settlement before the authority concerned but without any admitted facts, I am of the view that this Court cannot direct the authority to settle the lands in favour of the petitioner.

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Having considered the facts aforesaid, I do not find any merit in this writ petition and accordingly, the same is dismissed.

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(Prabhat Kumar Jha, J)

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S.KUMAR/-

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U T

Awadhesh Prasad Singh @ Awadhesh Kumar Singh v. The State of Bihar

Case brief

What is this about?

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Awadhesh Prasad Singh @ Awadhesh Kumar Singh v. The State of Bihar

Case brief

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