PATNA HIGH COURT ISSUES JUDGEMENT ON SHAMBHU NATH SIKARIA V/S THE STATE OF BIHAR AND OTHER

PATNA, India, July 9 -- Patna High Court issued the following judgment on July 4:

In the instant writ petition, petitioner has prayed for the following relief (s) :-

"(a) For issuance of writ in the nature of Mandamus, directing and commanding upon the Additional District Magistrate, East Champaran, Motihari, to decide Miscellaneous Case No. 23/11-12 (Shambhu Nath Sikaria Vs Shri Dakshina Muurti), in which petitioner has challenged the Mutation No. 1481 issued in favour of Bijay Kumar Yadav as same is void ab Initio as it is totally false and fabricated one in view of the fact that Mutation No. 1481 arising out of Mutation Case No.386 of 2013-14 has been issued in favour of Bijay Kumar Yadav, the Register containing information of Mutation Case No. 386 of 2013-14 suggests that the case relates to one Munni Lal Ram, whereas the aforesaid Mutation number has fraudulently been issued in favour of Bijay Kumar Yadav.

(b) For issuance of writ in the nature of mandamus commanding and directing the respondent authorities to take appropriate steps on the representations made by the petitioner before District Magistrate, East Champaran, Motihari on 04.01.2021 and the representation addressing the District Magistrate, East Champaran, Motihari along with Additional Collector, East Champaran, Deputy Collector, Land Reforms, East Champaran, the Land Acquisition Officer, East Champaran and Circle Officer. East Champaran, Motihari made on 04.01.2021 & 16.08.2021 by the petitioner.

(c) For any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

2. Learned counsel for the petitioner submitted that Miscellaneous Case No. 23/11-12 filed by the petitioner challenging Mutation No. 1481 has not been disposed of as yet by the concerned authority.

3. Learned counsel appearing for the State submits that the said Miscellaneous Case No. 23/2011-12 has already been disposed of by the Deputy Collector Land Reforms, Motihari and the records of the said case has been sent to Additional Collector, Motihari for further necessary action. In the light of the said direction, a Regular Mutation Correction Case No. 123 of 2022-23 has been registered.

4. Learned counsel for the petitioner submits that in view of the submissions advanced by the learned counsel for the State, petitioner has limited grievance that the concerned authority be directed to dispose of the said Mutation Correction Case No. 123 of 2022-23.

5. Considering the facts and circumstances of the case and the arguments advanced on behalf of both the parties, the concerned authority is directed to dispose of the aforesaid Mutation Correction Case No. 123 of 2022-23 expeditiously within a reasonable time after hearing the parties concerned.

6. The writ petition stands disposed of with the above observations/directions.

Disclaimer: Curated by HT Syndication.