PATNA, India, Sept. 3 -- Patna High Court issued the following judgment on Aug. 4:
In the instant petition, petitioner has prayed for the following relief:-
An appropriate writ may be issued declaring the act of the respondents is illegal, bad in law, unjustified, unenforceable and null and void ab initio in law.
(ii) An appropriate writ in the nature of mandamus may be issued directing the respondents to restore the area of measurement in the Jamabandi of the petitioner immediately.
iii) Any other writ/writs, order/orders or direction/directions as the facts and circumstances of the case may require and deemed fit by this Hon'ble Court may also be issued.
2. Learned counsel for the petitioner submits that petitioner's grandfather was the Khatiyani Raiyat of the land situated at Mauza-Sultanpur Bhitatti, Halka-Khankitta, Thana No. 97, Khata no. 41, Khesara No. 39, 30 area 10.24 decimal, as mentioned in para 4 of the petition. He further submits that land receipt was issued in the name of his father and after death of his father, petitioner has been paying revenue tax continuously till 2022-2023 and the same is annexed as Annexure-P/1 of the writ petition. He further submits that petitioner tried to pay revenue tax for the next period from 2023-2024 but the area of the said jamabandi became zero which is evident from the Annexure-P/2 of the writ petition, though, earlier by virtue of Annexure-P/1, the area has been shown as 10.4 decimal of the aforesaid plot. Learned counsel for the petitioner has submitted that he has sought relevant information, by virtue of AnnexureP/3, with regard to the aforesaid land and reply has been given that someone wrote sandigh jamabandi in red pen and there is no signature and it has no information who has written sandigh jamabandi and when it was written in the said jamabandi. Learned counsel further submits that he has represented his grievance before A.D.M, Bhagalpur that the jamabandi of Khata no. 41, Khesara No. 39, 30 has been issued in the favour of Sattan paswan but the said petition is lying in the office of A.D.M, Bhagalpur. He further submits that no step has been taken as yet as to why the jamabandi of the aforesaid land has been issued in the name of other parties. It is further submitted that no reason has been assigned and no notice has been served while cancelling the jamabandi of the said plot. In this way, representation of the petitioner is quite reasonable and appropriate order is required in the light of aforesaid facts. 3. Learned counsel on behalf of the State submits that if petitioner represent his grievance afresh before A.D.M, Bhagalpur, in that situation, he may look into the grievance of the petitioner.
4. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the present writ petition stands disposed of with liberty to the petitioner to file fresh representation before the competent authority for redressal of his grievance, as has been raised in the present writ petition, within a period of four weeks from the date of receipt of the order. If such representation is filed within the stipulated period, the concerned authority is directed to consider and dispose of the representation of the petitioner by giving him due opportunity of hearing to the parties concerned, in accordance with law, without being prejudiced by the order passed by this Court expeditiously, within a reasonable time period.
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