Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2719 of 2024 ====================================================== Pankaj Kumar S/o Kameshwar Pandit, R/o- Mohalla- Jhulania Chawk Daheriya, P.S. and Dist. - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Revenue and Land Reforms Department Govt. of Bihar, Patna.

2.

The District Magistrate, Katihar, Dist. - Katihar. 3.

The Deputy Collector Land Reforms (D.C.L.R.) Katihar, Dist. - Katihar. 4.

The Circle Officer, Katihar Sadar Block, P.S. and Dist. - Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar No. 1, Advocate For the Respondent/s :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard Mr. Arun Kumar No. 1, learned counsel for the petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.

2. The present writ petition has been preferred for the grant of following relief/s:- "(i) That the respondents be directed to make measurement and demarcation of the lands of the petitioner situated at Mauza - Dehariya, Thana No. 98, P.S. - Katihar, Dist. - Katihar, Khata No. - 79, C.S. Plot No. - 795/P, M.S. Plot No. - 202/333 Total Area of 8 Dec. & 4 Karies, Ward No. 29 under the Katihar Municipality, Boundaries where of is N-F.C.I. compound wall, S - Dist. Board Road, E- Bihar Gov & Pukka Road, W -

Patna High Court CWJC No.2719 of 2024(2) dt.16-05-2024 2/3 Navlal Sah.

(ii) That the respondents be also directed to provide proper safety of life and liberty of the petition because the aforementioned land is only means of livelihood of the petitioner & his dependents. (iii) That the respondents be also directed to make measurement & demarcation of the aforementioned lands in the light of settlement receipt of year 195455 issued by the then title holder Jamindar Khan Bahadur Chaudhary Estate and Mithan Mondal of the said lands in year 1944 for cultivation & livelihood of the petitioner's ancestors contained in Ax. - 1 & 2to this petition.

(iv) That respondents be directed to grant any other relief or reliefs as it may be deemed fit and proper to the facts and circumstances of this case."

3. A counter-affidavit came to be filed on behalf of the respondent nos. 2 to 4 duly signed by the Circle Officer, Katihar Sadar and paragraph nos. 6 and 7 read as follows:- "6. That the petitioner has stated in the writ petition that the land in question was previously belonged to his grand father Pandit. He had got settlement in year namely Cholo the same vide 1944. He has claimed to have rent receipts issued for 1954-55 and 1955-56 In the

Patna High Court CWJC No.2719 of 2024(2) dt.16-05-2024 3/3 name of grand father. He has also stated in the writ petition that the land had been settled in favour of Choudhary Estate from whom the ancestors of the Petitioner got the land in question.

7. That from perusal of M.S Khatiyan, it is clear that the land in question stands recorded in the name of NJMC R.B.H.M Unit, Katihar (Bharat Sarkar). In remarks coloum, the word "गड्ढा" has title. If the Petitioner claims over the land in question, approached he the ought to Civil have Court challenging the entries made in M.S Khatiyan."

4. In view of the aforesaid fact, learned counsel for the petitioner submits that he will be approaching the concerned Civil Court for the redressal of his grievance.

5. Granting said liberty, the present writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U