Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2133 of 2023 ====================================================== Sumitra Devi, Wife of Vijay Prasad, Resident of Village- Amodei, TolaTilkahani, P.S. and Anchal Ramgarwa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Tirhut Division at Muzaffarpur. 4.

The Collector Cum District Magistrate, East Champaran at Motihari. 5.

The Deputy Collector Land Reforms, Raxaul, District- East Champaran. 6.

The Anchal Adhikari Ramgadhwa, District- East Champaran. 7.

The Station House Officer, Ramgadhwa P.S., District- East Champaran. 8.

Vinay Kumar, Son of Late Rajendra Prasad Resident of Village- Amodei, Tola- Tilkahni, P.S.- Ramgarhwa, District- East Champaran. 9.

Depesh Kumar, Son of Vijay Kumar Resident of Village- Amodei, TolaTilkahni, P.S.- Ramgarhwa, District- East Champaran. 10.

Satish Kumar, Son of Arun Kumar Resident of Village- Amodei, TolaTilkahni, P.S.- Ramgarhwa, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Suresh Prasad Bhakta, Advocate For the State :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2023

1. Heard learned counsels for the parties.

2. This writ application has been filed for commanding the respondent-Authorities to demarcate the land of the petitioner pursuant to order dated 17.10.2022 passed by the Deputy Collector Land Reforms, Raxaul, District- East Champaran, in Case No. 67 of 2022-23.

3. A counter-affidavit has been filed on behalf of the respondent-State. In Paragraph No. 6 of the said counter-

Patna High Court CWJC No.2133 of 2023(4) dt.14-12-2023 2/2 affidavit it is stated that as per Section 118 (2) of the Bihar Tenancy Act, private land can be measured on payment of requisite fee. The petitioner, however, has not deposited the requisite fee. Notice asking the petitioner to deposit the requisite fee was pasted at the door of the petitioner by the process server as the house of the petitioner was found closed.

4. In view of the aforesaid facts and circumstances, the petitioner is directed to file an application with all the necessary details before the Circle Officer, Ramagadhwa, District- East Champaran, along with the requisite fee, within a period of six weeks from today.

5. In the event the petitioner files application along with all the necessary details and requisite fee within the stipulated time, the Circle Officer, Ramagadhwa, District- East Champaran, is directed to do the needful, in accordance with law, after hearing the parties, preferably within a period of six months from the date of filing of the application.

6. This writ application, accordingly, stands disposed of.

(Prabhat Kumar Singh, J) shashank/- U