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Patna High CourtCWJC/3058/2020dismissed

Sadanand Sadachari v. The State Of Bihar

2020-02-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3058 of 2020 ====================================================== Sadanand Sadachari, aged about 39 years, Male, Son of Kameshwar Rai, resident of Village Inayatpur, P.O. Inayatpur, Police Station-Patori, DistrictSamastipur (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue Department, Bihar, Patna. 2.

The Collector-cum-District Magistrate, Samastipur. 3.

The Additional Collector, Samastipur.

4.

The Deputy Collector and Land Reforms, Patori Samastipur. 5.

The Circle Officer, Patori, Samastipur.

6.

The Block Development Officer, Patori, Samastipur. 7.

The Superintendent of Police, Samastipur.

8.

The Officer-in-charge Patori Police Station, Samastipur. 9.

Sri Mithilesh Singh, Panchayat Secretary, Gram Panchayat Inayatpur, Samastipur.

10.

Sri Amar Nath Rai, Ward Member of Ward No. 10, Panchayat Inayatpur, Samastipur.

11.

Sub Divisional Public Grievance redressal Officer Patori, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate For the State :

Mr. Rishi Raj Sinha, S.C. 19 Mr. Akhilesh Kumar Sinha, A.C. to S.C. 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Contention of the learned counsel for the petitioner is that the drainage is constructed on the raiyati land of the petitioner but it appears that the petitioner had earlier moved this Court in CWJC No.14904 of 2019 and this Court directed the petitioner to file petition before the Public Grievance

Patna High Court CWJC No.3058 of 2020(2) dt.14-02-2020 2/2 Redressal Officer. The petitioner filed petition before Public Grievance Redressal Officer who by order dated 09.12.2019 enquired and found that the drainage was constructed on Kadim Gair Mazarua Aam land and no part of the land of the petitioner is encroached.

Learned counsel for the petitioner submits that the land of the petitioner was not measured. There is a provision under the Act that if petitioner wants to get his land measured, the petitioner may file petition before the Circle Officer after depositing the required fee for measurement of his land but the petitioner has not filed any petition before the Circle Officer for measurement of his land.

Having considered the facts, I find no merit in this writ petition and the same is dismissed.

If the petitioner, so desires, may file petition with required fee before the Circle Officer and the Circle Officer shall get the land of the petitioner measured in accordance with law.

(Prabhat Kumar Jha, J) S.KUMAR/Sumit U