Hifazat Karim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16047 of 2016 ====================================================== Hifazat Karim son of Late Uday Minya, resident of Village- Mastan Tola, Bagaha, P.S. Bagaha, District- West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue Deptt., Govt. of Bihar 2.

The District Magistrate, Bettiah, West Champaran. 3.

L.R.D.C. Bagaha, West Champaran.

4.

Circle Officer, Bagaha-2, West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sharma, Advocate For the Respondent/s :

Mr. Raj Kishore Roy- GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner, learned counsel for the respondents and learned counsel for the interveners.

The petitioner has filed the instant application for the following relief(s):

"That this is an application for an appropriate writ, order/direction commanding the respondent to measure and demarcating his land as well as the land is private respondent in the neighbourhood. He also pray the directed to mention their position in the demarcated area on the land." In view of the order that the Court proposes to pass, no order is being passed on the intervention application ie I.A.

Patna High Court CWJC No.16047 of 2016(2) dt.27-04-2023 2/2 no.9857 of 2016 filed by one Suresh Prasad, son of late Ramjee Prasad, resident of village Bagaha, Police Station Bagaha in the District West Champaran.

The prayer made in the writ application by the petitioner is for measurement and for demarcation of his land as well as the land of the private respondents. From perusal of paragraph no.9 of the writ application, it transpires that the petitioner has already filed Demarcation Case no.64 of 2015-16 wherein some report has been submitted by the Circle Officer. In view of the above facts as also in view of the fact that the petitioner has not made the 'private respondent' as a respondent in the writ application, the Court is not inclined to enter into the merits of the case and the writ application is disposed of giving direction to the petitioner to pursue the said demarcation case before the authority concerned. The writ application stands disposed of.

(Partha Sarthy, J) Saurabh/- U