Patna High Court
Smt. Arti Jha vs Bihar Sarkaar Dvara Shreemaan Sachiv … on 3 January, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19155 of 2024
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Smt. Arti Jha pati shri praveen kumar jha Sthaye nivasi graam vo post-baleha
dakshin, thaana-rajnagar, jila-madhubani, vo haal mokam geet aur naatak
prabhaar 1-A/7, new pataliputra colony, thana-pataliputra, jila-patna vo
vartamaan pata makaan sankhya 5A, road no. 8A, indrapuri, keshari nagar,
po-keshari nagar, thana- pataliputra, jila- patna, pin code-800024.
... ... Petitioner/s
Versus
1. Bihar Sarkaar dvara shreemaan sachiv mahoday, shahri kshetradhikar, vikas
pradhikar, patna-800001
2. shreemaan ayukt mahoday patna pramandal, jila- patna-800001
3. shreemaan jiladhikari, jila-patna-800001
4. shreemati shail singh pati sva veer bahadur singh sthayee pata kurjee, thana-
digha, jila-patna, pin code-800011 evam haal mokaam (pata)-indrapuri, rod
no 7A, makan no 6, post-keshari nagar, thana-pataliputra, jila-patna-800024
5. Mithalesh kumar pita sva veer bahadur singh sthayee pata kurjee, thana-
digha, jila-patna, pin code-800011 evam haal mokaam (pata)-indrapuri, rod
no 7A, makan no 6, post-keshari nagar, thana-pataliputra, jila-patna-800024
6. shreemaan jila nibandhak mahoday, sadar patna, karyalay ka pata shreemaan
jila nibandhan karyalay, chhajjubag, po-jee-pi-o, patna-800001
7. shreemaan anchaladhikari mahoday, sadar patana, karyalay ka pata
shreemaan anchaladhikari ka karyalay, kumhrar, patna-800020
8. shreemaan prashasak mahoday, patna nagar nigam, karyalay ka pata maurya
lok complex, daak banglow chauraha, po-ji-pi-o, thana-kotvali, jila-patna-
800001
9. shreemaan mukhya prashasanik padadhikari, south bihar power distribution
company limited, nibandhit karyalay vidyut bhavan, bailey road, patna-
800001
10. shreemaan sahayak vidyut abhiyanta, karyalay ka pata south bihar power
distribution company limited, prashakha pataliputra colony, patna-800024
11. shreemaan mukhy prashasanik padadhikari bhartiya state bank (SBI)
mukhya shakha, paschim gandhi maidan, po-ji-pi-o, jila-patna-800001
12. shreemaan shakha prabandhak (rin vibhag) bhartiya state bank (SBI)
mukhya shakha paschim gandhi maidan, po-ji-pi-o, jila-patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Sinha, Advocate
For the Respondent No. 1-3 : Mr.Arvind Kumar (SC to GA-9)
For the Respondent No. 10 : Mr.Ajay Kumar Gautam, Advocate
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Patna High Court CWJC No.19155 of 2024 dt.03-01-2025
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Date : 03-01-2025
Heard the parties.
2. In the instant petition, petitioner has prayed for
the following relief(s):-
(a) Will No, 7933 dated
15.07.2014
, Book No. 1, Volume No.
186, Page No. 206 to 2017, total 12 the
applicant/petitioner Page CD 29 of
2014 AD, the sale deed was registered
by opponent number 4 in his name in
the office of opponent number 6, in
which opponent number 5 has become
the identity. Whose rest Mouza-
Mainpura, Pargana, Azimabad, Survey
Police Station-Phulwari, present Police
Station-Patliputra, all that Sadar
registry and District- Patna whose
Police station No. 2 (two), Police
Station Code-231. Ward no.14
(fourteen) Tauji No. 5123, Account No.
245 (two hundred forty-five) part of
Survey Plot No. 1149 (one thousand
one hundred forty-nine) whose area is
ours, that entire Mawaji area is 875 sq.
ft. (eight hundred seventy-five sq. ft.)
that is 2.0087 decimel Arazi Hakiyat
Kast Raiyat residential land whose
annual land revenue is Rs. 60 Paisa
apart from the rest Circle Officer, Patna
Sadar, this property within Patna
Municipal Corporation, that Nazri map
is enclosed with the said will Whose
measurement is:- North-35 ft 00 inch,
South-35 ft 00 inch, East-25 ft 00 inch,
West 25 ft 00 inch and boundaries
North – Private seller, South-
Patna High Court CWJC No.19155 of 2024 dt.03-01-2025
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Radhamohan Singh, East – Auxiliary
road, West – Private seller. For
Rectification of the above mentioned
registered sale deed, an appropriate
order or command should be issued.
(b) That on the basis of
purchase will no. 7933 Dated
15.07.2014 by the applicant/petitioner,
order was passed in case no. 585/2014-
15 in the name of the
applicant/petitioner from the office of
Shriman Anchal Adhikari, Sadar Patna,
and thereafter Jamabandi No. 16093
was registered in which after the
establishment of jamabandi, mutation
was done and in the mutation
jamabandi, mauza Mainpura, pargana-
Azimabad, survey police station-
Phulwari present Police station-
Patliputra, all that Sadar registry Patna
whose Thana No. 2 (two), Police
station code 231, ward no. 14
(fourteen), Tauji No. 5123, account no.
245 (two hundred forty five), part of
survey plot no. 1149 (one thousand one
hundred forty nine), whose area 875 sq.
ft. (eight hundred seventy five) sq. ft. i.e.
2.0087 decimal area haqiqat was
registered, whose boundary is north-
private seller, south-Radhamohan Singh
east-auxilliary road, west-private seller.
For Rectification in jamabandi and
mutation appropriate order direction of
inducement should be issued.
(c) That on the basis of
Will No. 7933 dated 15.0-7.2014
purchased by the applicant/petitioner
and on the basis of Jamanbandi No.
16093 maintained from the office of
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Shriman Anchal Adhikari, Sadar Patna,
a Sanction Letter dated 06..04.2018
and a Sanction Letter dated 18.08.2020
was issued by the applicant/petitioner
from the State Bank of India Main
Branch, Gandhi Maidan, Patna for
obtaining loan and the loan was
received and the measurement was
done and given by the writing of the
Will, opponent No. 4 and the witness
and identification opponent No. 5, The
applicant/petitioner has constructed a
house on the survey plot and area. The
bank house on the survey plot and area.
The bank should issue a writ or order
directing the bank to Rectification all
the documents of the building
construction loan.
(d) That the
applicant/petitioner will purchase the
house by getting it registered from Mr.
Anchal Adhikari Sadar Patna on the
basis of will no. 7933 dated 15.07.2014
and taking loan from State Bank of
India Got it constructed and is paying
Municipal Corporation tax from Patna
Municipal Corporation Zone from
31.08.2022. Holding house no. 5A
registered by Municipal Corporation
Patna, order or order or direction of
appropriate induced Rectification
should be issued in all documents of
Patna Municipal, Patna
(E) That the
applicant/petitioner is eligible to obtain
loan for house construction from the
loan department of State Bank of India,
Main Branch, Patna on the basis of
Jamabandi and Dakhil Kharij
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maintained in the office of Shriman
Anchal Adhikari Sadar Patna on the
basis of purchase will number 7933
dated 15.07.2024. After paying tax to
Patna Municipal Corporation, he got
electricity connection in his name in his
house in the office of opposite party No.
9 and 10 on 03-04-2015. An
appropriate writ or order directing to
issue Rectification of all the documents
submitted by the petitioner the
department of opposite party No. 9 and
10.
3. Learned counsel for the petitioner submits that
before registration of sale deed dated 15.07.2024, petitioner was
shown survey plot no. 1150 but the sale deed has been executed
in respect of Plot No. 1149, Khata No. 249. He further submits
that petitioner has limited grievance that his plot number should
be rectified as “Plot No. 1150” in place of “Plot No.1149”.
Petitioner has specifically mentioned boundary of plot in Para 7
(hindi drafting) of the writ petition as area 875 sq. feet, North –
Private Seller, South – Radha Mohan Singh, East – Branch
Road, West – Private Seller. Learned counsel orally submits that
assurance has been given by the vendor the he will rectify “Plot
No. 1149” in place of “Plot No. 1150”.
4. Learned counsel for the State submits that
from the perusal of prayer clause it is clear that petitioner has
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not represented his grievance before any competent authority.
He, however, submits that if petitioner represents his grievance
before the competent authority, the concerned authority will
look into the matter.
5. In the light of the facts and circumstances of
the present case, the present writ petitioner stands disposed of
with liberty to the petitioner to raise his grievance before the
competent authority.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.01.2025. Transmission Date N/A