PATNA, India, Feb. 11 -- Patna High Court issued the following order on Jan. 12:

1. Heard the parties.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Bihta P.S. Case No. 1094 of 2024 registered for the offences punishable under Sections 316(2), 318(2), 316(5), 338, 336(3), 340(2) and 3(5) of the BNS.

3. As per FIR, informant and his agnates have land property in Khedarpura, Bihta, Patna and they are in possession of this property for last 100 years. In June 2023, Tribhuvan Rai, Biteshwar Rai, Sudeshwar Rai, Aditya Rai, Lekhadhari SinghRevenue Clerk and this petitioner-Circle Officer committed forgery in jamabandi register and made entries of informant's land in the name of Mahendra Gope through jamabandi no. 53. Rushu Singh a retired employee posted at Bihta Anchal on contact Ranjit Rai, who is a resident of Lekhadhari Singh's village and Fittan Rai of Khedarpura Village are also involved in the alleged occurrence. It is also alleged that on the direction of Hon'ble High Court coaccused Lekhadhari Singh was dismissed from the service and Form-A was issued against this petitioner-Circle Officer. Further allegation is that accused persons Tribhuvan Rai and his sons along with Fittan Rai have ousted the laborers from the field of the informant, on the basis of aforesaid FIR in issue was lodged.

4. Mr. Ajay Thakur, learned counsel appearing on behalf of the petitioner submitted that aforesaid modifications of entries was done in the year 1995 and at that time Manjesh Kumar-Circle Officer was not posted there, as he joined the office in year 2023, only. It is submitted that being head of the Revenue Office he was implicated with the present case and moreover he is not appearing beneficiary. It is pointed out that it is a maximum case of dereliction of duty for which not even departmental proceeding was initiated against this petitioner till date suggesting prima-facie that even allegation of dereliction of duty not appears convincing against him.

5. Arguing further, it is submitted that there is a civil dispute between the informant and Tribhuvan Rai for which the informant filed present FIR to create a pressure on petitioner being Circle Officer, Bihta without prior sanction of State Government or any steps taken for cancellation of jamabandi no. 53. It is also submitted that informant has not made even any complaint before public grievance redressal forum which is appropriate forum to make complaint against any Government employee. While concluding the argument, it is submitted that in view of aforesaid save and except suspicion being head of the office nothing survives against this petitioner, who is a man of clean antecedent.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/vieworder/NiMzMTc5MSMyMDI1IzEyI04=-7UX1ZZnJ1qM=)

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