IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1982 of 2011 MD. JALAL SON OF MD. HAI, R/O MOHALLA DARGAH ROAD MAHENDRU, P.S. SUTANGANJ, DIST. PATNA ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PINCIPAL SECRETARY DEPARTMENT OF LAND REFORMS AND REVENUE PATNA 2. THE COMMISSIONER, PATNA DIVISION PATNA 3. THE DISTRICT COLLECTOR PATNA 4. THE CIRCLE OFFICER, PATNA SADAR, PATNA ---- RESPONDENTS. For the petitioner : Mr. Kali Prasanna Dubey, Advocate. For the respondents : Mr. Ashok Kumar Pathak, A.C. to G.P. XI. ----------- 03 24.02.2011 Heard both sides. Earlier the case was taken up on 02.02.2011,when on the request of counsel for the State the matter was adjourned enabling the respondents to file counter affidavit. No such counter affidavit has been filed. Petitioner has approached this Court seeking direction upon the respondent Circle officer to dispose of the representation filed by him on 27.12.2010 (Annexure 5). According to the writ petitioner, a piece of land appertaining to Tauzi no. 303, khata no. 202, plot no. 705 measuring an area of 03 katha was purchased by him from one Ram Sawroop Mahto and others through a registered sale deed executed on 30.05.1989. After purchase of the said land, he came in possession of the said land and subsequently applied for mutation of his name in the revenue records. The said application gave rise to mutation case no. 364/4 of 1994-95 of the Court of respondent Circle Officer wherein a report from the 2 concerned Revenue Karmchari through Circle Officer was called for. The report was submitted recommending mutation in favour of the petitioner. The respondent Circle Officer, by order dated 20.09.1994 (Annexure-2), allowed the application and directed for mutation of the name of petitioner in register II in respect of the said land. Accordingly the land rents were paid by the petitioner under receipts which have been enclosed as Annexure 3 and 4 series. It is further the case of the petitioner that subsequently the land fell within the Patna Municipal Corporation, and after physical verification a holding number was allotted to the plot bearing holding no.241/16/1A, since there was one hut/khaprel room over the land of the petitioner. It is stated in para 13 that subsequently repeated attempts were made to pay the rent under receipts which was/were refused by the Karmchari and other Revenue officials whereafter he approached the respondent Circle Officer Sadar, Patna by filing the aforesaid representation (Annexure-5) making a grievance that without any valid reasons the Revenue Officials were not accepting rent under receipts in respect of the land. Learned counsel for the petitioner submits that said application/representation has not been considered and disposed of by the said authority (Circle Officer, Sadar, and Patna). The present application has, therefore, been filed seeking a direction upon the said respondent to dispose of the said application/representation filed by the petitioner as contained in Annexure-5. Considering the limited prayer of the petitioner, 3 this Court is not inclined to keep the matter pending enabling the respondent authorities to file counter affidavit. Having heard the parties and after going through the materials on record, this Court disposes of the application by the following orders:- Let petitioner approach the said respondent by filing a copy of the representation (Annexure-5) along with a copy of the present order within 04 weeks from today. If such an application is filed within the aforesaid time, the concerned respondent (Circle Officer, Sadar Patna) shall consider and dispose of the said application within 08 weeks therefrom and intimate the petitioner about the result of the order. This Court records that the merit of the case of petitioner has neither been argued nor gone into by this Court. Sym/ ( Kishore K. Mandal, J.)