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Patna High Court dismisses PIL seeking directions for providing Chak Map to the raiyats of the revenue village Nachaniya

The Patna High Court dismissed a Public Interest Litigation (PIL) seeking direction to the respondents to provide Chak Map to the raiyats of the revenue village Nachaniya (now named as Kashipuri).

The averment made in the PIL is that the consolidation proceeding which commenced in the State of Bihar in 1974, concluded without any objection in 1976. Certificates have been issued to the raiyats, including that of village Kashipuri in Circle Nasariganj in District Rohtas.

It is contended that inspite of the proceedings having ended, as contemplated under Section 26A of the Consolidation Act, steps have not been taken by the authorities and as such the instant application has been filed for directing the respondents to provide Chak Map to the raiyats of the revenue village Nachaniya (now named as Kashipuri) and for a further direction for issuance of revenue rent receipts as per the consolidation proceedings and final publication of Chaks.

Having heard counsel for the parties and having perused the averments in the writ application, the Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy opined that there is no public interest involved in the contention made by the petitioners.

In fact, if any person is aggrieved by the respondents not having taken steps as they are required to take as per the provisions of the Act, the same would give rise to an individual cause of action for which the aggrieved would be required to file an appropriate application before the authority concerned, followed by a writ application, if so required”, the Court observed while dismissing the PIL.

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