The petitioner challenged notices regarding land mutation and Jamabandi cancellation proceedings. The State was present but the petitioner appeared in person. The Court dismissed the petition for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5077 of 2017
======================================================
Sitendra Prasad Yadav S/o Biraji Yadav, R/o Village-Guriya, P.S.-Jadiya, DistDupaul.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : None. For the Respondent/s : Mr. Manoj Kumar Sinha- SC-19 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
No one represents the petitioner though the State is
present.
following reliefs:
(i) for quashing the 16.08.2016, passed in case no. 86/2016/02/1516/ issued by the Additional Collector, Supaul. By which objection has been initiated in
Patna High Court CWJC No.5077 of 2017(2) dt.13-05-2024
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Jamabandi cancellation proceeding the over land in question which had been owned and possessed since 1964;
(ii) for quashing the impugned notice dated 29-08-2015, issued by Circle Officer, Triveniganj in Dakhil Kharij Case No. 16/15-16 so far as petitioner is concerned, by which objection has been invited with regard to mutation of land described in the notice which is without Jurisdiction as the Jamabandi is going on in the name of father of petitioner since long back 1966 such as the running Jamabandi cannot be cancelled by the Circle Officer even by the Collector as law and ratio decided in Case of Khiru Gope V/s the D.C.L.R., Jamui reported in 1983 P.L.J.R.-727;
Patna High Court CWJC No.5077 of 2017(2) dt.13-05-2024 3/4
(iii) further for a direction to the respondent authority not to disturb the physical possession of the land
described as follows:
Mauza Thana No. Khata No. Khesra No. Area B.KD.
| Kukurdhari | 279 | 299 | 1867 | 1-3-01 |
|---|---|---|---|---|
| Kukurdhari | 279 | 299 | 1868 | 0- 4-02 |
| Kukurdhari | 279 | 299 | 1869 | 0-4-03 |
| Kukurdhari | 279 | 299 | 1862 | 0-15-03 |
| Kukurdhari | 279 | 299 | 1870 | 0-15-01 |
| Kukurdhari | 279 | 299 | 1883 | 0-04-15 |
(iv) further during pendency of the writ petition further proceeding of Dakhil Kharij Case No.06/16-16 pending before Circle Officer, Triveniganj and Case No. 86/2016/02/15-16 pending before A.D.M., Supaul, may be stayed;
(v) for direction to issue rent receipt in favour of the petitioner as it has been issued since long back;
(vi) to grant any other relief(s) for which the petitioner is entitled to get the eye of law.
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petitioner has rushed to the Court challenging the notice issued by the Additional Collector, Supaul instead of putting in his reply.
(Rajiv Roy, J)
Ravi/-
U
1 issue framed by the court
Whether the writ petition should be dismissed for non-prosecution due to the petitioner's absence?
Colour shows how this judgement treated each authority
Khiru GopeReferred
Khiru Gope V/s the D.C.L.R., Jamui reported in 1983 P.L.J.R.-727
Sitendra Prasad Yadav
The State Of Bihar
The Principal Secretary, Land Reforms Department, Bihar, Patna
The Divisional Commissioner, Koshi Division, Saharsa
The District Magistrate, Supaul
The Additional District Magistrate ADM, Supaul
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
