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2023 Supreme(Pat) 1103

PRABHAT KUMAR SINGH
Sanjay Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Manoj Kumar Singh.
For the Respondents: M/s Md. Khurshid Alam (Aag 12), Nutan Sahay, AC to AAG-12.

ORDER

Heard learned counsel for the petitioner and learned A.C. to Addl. Advocate General – 12.

2. This writ application has been filed for issuance of direction upon the respondents not to interfere or make any construction over the land of the petitioner appertaining to Khata No. 376, Thana No. 326, Mauza - Mahanadpur, Circle – Biharsharif without following mandatory provisions of law for acquisition of land.

3. It is the contention of the petitioner that the land in question was purchased by the petitioner from Kamla Prasad @ Laldhar Prasad and his wife Keshri Devi, vide registered saledeed no. 10968 dated 21.09.2011. The aforesaid land was purchased by this petitioner from Ramdhani Gope and thereafter, petitioner approached the Circle Officer (Respondent no. 4) in Mutation Case No. 3176/2017-18. However, the Circle Officer, vide order dated 21.12.2017, rejected the said mutation case without considering the inquiry report submitted by the Circle Inspector. Being aggrieved by the said order, the petitioner preferred Mutation Appeal No. 30/18-19 before the D.C.L.R., Biharsharif and after hearing the parties the appeal was remanded to the court of Circle Officer to pass a fresh order

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