ARUN KUMAR CHOURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

(2.) The following reliefs as formulated by the petitioner have been claimed in the writ petition -

(3.) The short facts of the case according to the petitioner are that he entered into a development agreement on 16/7/2013 with (1) Smt. Chanda Devi, wife of Late Rajendra Prasad (2) Sri Vikram Kumar, son of Late Rejendra Prasad (3) Smt. Priti Kumari, daughter of Late Rajendra Prasad, wife of Sri Mahendra Kumar (4) Sri Bindi Kumar @ Priti Kumari and (5) Sri Gyani Kumari daughter of Late Rajendra Prasad with respect to the land situated at Mouza Bodhgaya, PS. Bodhgaya, District- Gaya, Thana No. 359, Khata No. 701 (new), Plot No. 138 (new) Area 14 Katha (19040 Sq. feet) for making construction of apartments. The land is raiyati land of Smt. Chanda Devi and her family Jamabandi stood in the name of her grand father-in-law, after whose demise the portion of land was given to Smt. Chanda Devi in whose favour, after family partition, jamabandi was created. The petitioner, a builder, has constructed amulti-storeyed building on the said land and started selling the flats falling to his share, through registered sale deeds. The petitioner submitted documents for registration along with challan dtd. 28/3/2018 in respect of one such flat in favour of Smt. Niti Sinha, wife of Sri Vinod Kumar Sinha. The District Sub-Registrar, Gaya (respondent no. 3) by his letter dtd. 17/4/2018 (Annexure-5) required a detailed enquiry and report from the Circle Officer, Bodh Gaya (respondent no. 6). Accordingly, verification was made and enquiry conducted through Anchal Amin and Karamchari, on the basis of which the Circle Officer, Bodh Gaya submitted a report in his letter no. 1220 dtd. 5/12/2018 specifically stating therein that the land in question is raiyati land of Smt. Chanda Devi. Again, the District Sub-Registrar, Gaya wrote to the Circle Officer seeking clarification with regard to restriction on registration by the District Magistrate, Gaya (respondent no. 2) on the ground that the computer chart indicated the said land stood in the name of Harendra Giri vide order reference 166/29/8/2012. In reply, the Circle Officer in his letter dtd. 25/1/2020 (Annexure-8) denied issuance of the said order 166 dtd. 29/08/2012 from that office.