Pawan Lal vs State Of Bihar

Heard learned counsel for the petitioner and the State.

The present application has been filed for directing the respondents' authorities to make corrections in the computerized jamabandi and also for disposal of applications of the petitioner dated 19.01.2022 and 21.01.2022 submitted before the respondent No.5, namely, the Circle Officer, Bihta, Patna for parimarjan.

Learned counsel for the petitioner submits that the land situated in Khata No. 39, Plot No. 120, Tauzi No. 3074 situated in Mauza – Bihta Srirampur was recorded in the name of one Mahendra Lal and Yogendra Lal son of late Hridya Lal being Jamabandi No. No. 32/1. Learned counsel for the petitioner submits that this Jamabandi is of the year 02.06.1986 and after digitalization of the Jamabandi it has been recorded in the name of one Rajesh Lal son of the late Mahendra Lal instead of Pawan Lal son of the late Mahendra Lal which is apparent from Annexures 1 and 2.

3.1 Learned counsel for the petitioner further submits that the Department of Revenue and Land Reforms, Government of Bihar has issued a letter by which provisions relating to parimarjan have been made. According to this, a representation has to be filed before the concerned Circle Officer for correction in the Jamabandi, if any, while a departmental letter through memo no. 756 dated 28.10.2019 under the signature of the Additional Chief Secretary, Government of Bihar has also been issued. Counsel further submits that in compliance with the said memo No. 756 dated 28.10.2019, the petitioner has filed an application before the Circle Officer, Bihta for the said rectification in the raiyati name. He has also filed a parimarjan through online, but nothing happened. Thereafter, he filed an application before the Additional Collector (Revenue), Patna under Section 9 of the Bihar Land Mutation Act, 2011 then also nothing happened. Thereafter, the petitioner has come before this Court by way of filing of the present writ petition.

Learned counsel for the State has not filed a counter affidavit but submits that it is correct that the notification has been issued vide Memo No. 756 dated 28.10.2019 and according to which the person has to file a parimarjan application.

In this background, respondent No.5, namely, the Circle Officer, Bihta, Patna is directed to take a decision on the application filed by the petitioner after awarding adequate opportunity of hearing to the petitioner within eight weeks from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the writ petition stands disposed of.