Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 16418 (PAT)

Mahendra Prasad @ Mahendra Prasad Singh v. The State Of Bihar and Ors

CWJC/15969/2017 · 2025-05-05

Rajiv Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15969 of 2017 ====================================================== Mahendra Prasad @ Mahendra Prasad Singh S/o Late Darogi Singh, Resident of Village- Goshaipur Nilami, P.S.- Shyampur Bhathan, District- Sheohar. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Department of Revenue and Land Reforms Govt. of Bihar, Patna. 3. The Principal Secretary General Administration Department, Government of Bihar, Patna. 4. The Director, Consolidation, Bihar, Patna. 5. The Joint Director, Consolidation Muzaffarpur. 6. The District Magistrate-cum-collector, Sheohar. 7. The Deputy Collector, Land Reforms, Sheohar. 8. Sri Narayan Singh, S/o Late Sukhdeo Singh. 9. Braj Kishore Singh, S/o Late Sukhdeo Singh. Both residents of Village- Gosaipur Nilami, P.S. Shyampur Bhatahan, District- Sheohar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Anjali Singh, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 05-05-2025 Heard Ms. Anjali Singh, learned counsel for the petitioner and the State. 2. The present petition has been preferred for the following relief/s: (i) to direct the Respondent State Authority/ Authorities to act upon and give effect to the notification being No. 186 dated 15.03.2004 issued by the Commissioner- Patna High Court CWJC No.15969 of 2017(2) dt.05-05-2025 2/5 Cum-Secretary, Department of Revenue & Land Reforms, Govt. of Bihar, Patna circulated to the concerned departments of the State Government vide Memo No. 190 under the signature of the Director, consolidation, Bihar, Patna dated 15.03.2004 facilitating and ensuring revival, restoration and functioning of the consolidation operation/proceeding/s forthwith in general and in the district of Sheohar in particular; (ii) to direct the State Authority/to appoint the Respondent Authorities appropriate/competent consolidation Authority/Authorities in the district of Sheohar at the earliest enabling and ensuring operationalization of consolidation Court/forum for transaction of business arising out of consolidation proceeding; (iii) to further direct the Respondent State Authority/Authorities to take immediate, Patna High Court CWJC No.15969 of 2017(2) dt.05-05-2025 3/5 necessary and effective steps for making necessary/appropriate correction in the Chankbandi Khatiyan relating to Chak plot No. 75 measuring 0.89 decimal arising out of R.S. Plot No. 76 covered under Khata No. 26 measuring 4.19 acres of agricultural Land situated at Mauza Gosaipur Mal, within Thana No. 175 in the district of Sheohar in so far as the Land property in question stood recorded in the name of the petitioner and his family in the R.S. Khatiyan; (iv) to any other relief/reliefs to which the petitioner is found entitled to in the facts and circumstances of the case. 3. Learned counsel representing the State has submitted that the petitioner has moved before this Court without availing alternative remedy. He has further taken this Court to para-6 of the counter affidavit filed on behalf of respondent nos. 6 and 7 namely District Magistrate, Sheohar and the D.C.L.R., Sheohar which read as follows: 6. That the statement made in para-4 the Patna High Court CWJC No.15969 of 2017(2) dt.05-05-2025 4/5 writ petition it in stated that the statement is completely wrong and has got no foundation, The petitioner stated that chak Plot No 75 measuring an are of 0.89 decimal Carved out R.S. Plot No-76 covered under khata No.26 but in fact according to chak khatiyan chak Plot No- 75 under chak khata No-31 is carved out of R.B. khata No-46 & 47 and R.S. Khata No- 46 measuring total area 40.02 Acre and R.S. khata no. 47 measuring total area 17.43 Acres. It is also pertinent to say that the R.S. khata No-26 is recorded in the name of Bijan Singh S/o Kehri Singh in R.S. khatiyan R.S. khata no.26 bearing R. S. Plot No.55, 56, 57, 58, 59, measuring total area 1.20 Acres. In other words R.S.Plot no. 76 does not exist in R.S. Khata No.26 within the same thana and mauza. In another hand R.S. plot No.76 bearing under R.S. khata No.64 measuring 30 Patna High Court CWJC No.15969 of 2017(2) dt.05-05-2025 5/5 decimal and recorded in the name of Ganesh Prasad Singh, S/o Bishun Singh. Hence it is clear in above facts that the statement of the petitioner is not correct. 4. The counter affidavit was served upon the petitioner on 30.08.2019 and there is no reply to it. 5. The writ petition is bereft of merit, dismissed. Ravi/- (Rajiv Roy, J) U