Rajesh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3444 of 2019 ====================================================== Rajesh Prasad, son of Late Baleshwar Prasad Mahto resident of VillageChatar, P.S- Alauli, District- Khagaria ... ... Petitioner/s

Versus

1. The State Of Bihar through its Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary, Land Reforms Department Government of Bihar, Patna Bihar

3. The District Magistrate, Khagaria Bihar

4. The Sub Divisional Officer, Khagaria Bihar

5. The Addl. Distt. Magistrate-Cum Public Greivance Redressal Authority,Khagaria Bihar

6. The Circle Officer, Alauli, District- Khagaria Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Ram Mishra For the Respondent/s :

Md. Khurshid Alam (AAG12) Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2019 Following is the relief, which the petitioner is seeking:- "(i) To issue direction upon Respondents for demarcation of land of the petitioner having Survey plot no. 230 and 228, Khata no. 23 and 96, Tauzi no. 525, Than no. 191 area one bigha five katha situated at Mauza-Bandh Chatar, P.S. and Block-Alauli, District-Khagaria as the same was purchased by grand father of the petitioner by a sale deed dated 06-04-1927."

It is the petitioner's case that on his representation

Patna High Court CWJC No.3444 of 2019(2) dt.22-02-2019 2/3 before the Circle Officer, Alauli (Khagaria), a date was fixed for carrying out the measurement of the land, in question, on 21.08.2018. Till date, however, the measurement has not been carried out.

The Bihar Land Disputes Resolution Act, 2009 (in short 'the Act') has been enacted for the purpose of resolution of various land disputes, including boundary disputes, as indicated under Section 4(1) of the Act. The 'competent authority' under the Act has been defined under Section 2(a) of the Act, as the Deputy Collector Land Reforms or any other officer assigned to discharge the functions and duties of Deputy Collector Land Reforms in the Sub-Division.

The petitioner shall be at liberty to approach the competent authority under the Act, raising the dispute as is being raised in the present writ application. It goes without saying that the competent authority shall look into the petitioner's grievance and take a final decision within time limit as prescribed under the Act, and within the ambit of Section 4 in the light of Division Bench decision of this Court in the case of Maheshwar Mandal and Another Vs. The State of Bihar & Ors, reported in 2018 (3) PLJR 1007.

Patna High Court CWJC No.3444 of 2019(2) dt.22-02-2019 3/3 This application stands disposed of with the observation, as above.

(Chakradhari Sharan Singh, J) Ashish/- U