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2019 DIGILAW 421 (JHR)

Rita Jha Wife Of S K Jha v. State Of Jharkhand

2019-02-11

SUJIT NARAYAN PRASAD

body2019
JUDGMENT Sujit Narayan Prasad, J. - This writ petition has been filed under Article 226 of the Constitution of India for issuance of direction upon the Respondent No.3- Circle Officer, Town Anchal, Ranchi to dispose the application filed by the petitioner for mutation of her name in the revenue records being Mutation Case No. 4527R27 of 2011-12 with respect to the lands measuring an area of 10 Kathas appertaining to R.S. Plot No. 864 of Khata No. 34 sub-lot no. 56 situated at village Bariatu, P.S. Bariatu, District Ranchi which has been purchased by the petitioner by virtue of registered sale deed dated 26.08.1982 but no order has passed, hence this writ petition. 2. Mr. Atanu Banerjee, learned G.A. argues that when the land is falling under Bergain which has been bought out from the purview of the Ranchi Circle Officer and as such the petitioner needs to implead the Circle Officer Bargain as Respondent No.4. 3. Mr. Amar Kumar Sinha, learned counsel for the petitioner is directed to add Circle Officer, Bargain as Respondent No.4 in course of the day. 4. Mr. Atanu Banerjee, further submits that the appropriate direction may be passed directing the Respondent No.3 to transmit the record of Mutation Case No. 4527R27 of 2011-12 if not already disbursed before the newly impleaded Respondent No.4 so that the matter may be disposed of within a reasonable period by passing an order in accordance with law. 5. Having heard the learned counsel for the parties and on appreciation of their rival submissions that Mr. Atanu Banerjee, learned Government Advocate which has been submitted on instructions that the Circle Officer Bargain has been segregated from the Ranchi Circle Officer and a new Circle Officer is now functioning as Circle Officer Bargain. 6. In view thereof, the Respondent No.3 is directed to transmit the record of Mutation Case No. 4527R27 to the Respondent No.4 to take decision within two weeks from the date of receipt of copy of this order. 7. The respondent No. 4 is directed to conclude the proceeding and take final decision after hearing all the affected parties and if required to call for the relevant records to take such decision within twelve weeks from the date of receipt of the records. 8. This writ petition is accordingly, disposed of. 9. 7. The respondent No. 4 is directed to conclude the proceeding and take final decision after hearing all the affected parties and if required to call for the relevant records to take such decision within twelve weeks from the date of receipt of the records. 8. This writ petition is accordingly, disposed of. 9. It is made clear that this Court has not entered into the merit of the claim of the petitioner and Respondent No.4 shall take decision basing upon the relevant documents.