Prem Shankar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2448 of 2017 ====================================================== Prem Shankar Sah son of Sri Gajendra Sah, resident of Amba Sekh Toli, PO Amba Kala, Police Station- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, District- Sheohar.

4.

The Sub-Divisional Officer, Sheohar, District- Sheohar. 5.

The Land Reforms Deputy Collector, Sheohar, District- Sheohar. 6.

The Cirlce Officer, Sheohar, District- Sheohar. 7.

The Anchal Amin, Circle Office, Sheohar, District- Sheohar. 8.

Bhikhari Thakur, son of Late Bishun Thakur, 9.

Umesh Prasad Gupta, 10.

Naresh Kumar Gupta, Both are son of Jagdish Prasad Gupta, 11.

Naresh Paswan, son of Jagat Paswan, 12.

Bibi Ailsha Khatoon, wife of Mibajul Haque, All are resident of Amba Sekh Toli, PO Amba Kala, Police Station- Piprahi, District- Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan- SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-11-2024 Heard learned counsel for the parties.

2. In the instant petition, the petitioner has prayed for the following relief(s).

(i) For issuance of a writ in the nature of mandamus directing and commanding to the respondent Circle Officer, Piprahi District - Sheohar to make demarcation of plot No. 713, Khata No. 1331 area 9.1/2 decimal, plot No. 7116 area 3.1/2 decimal,

Patna High Court CWJC No.2448 of 2017(4) dt.27-11-2024 2/3 Khata No. 2028, plot No. 6705 area 20 decimal altogether area 36 decimal for that the petitioner has already deposited Rs. 750/- as Amin fee in the Nazarat of Circle Office on 24.07.2012 but till date the demarcation has not been made by the Circle Amin and report has not been sent to the Circle Officer.

(ii) For issuance of a writ in the nature of mandamus directing and commanding to the respondent Nos. 9 to 13 to give possession of the aforesaid land to the petitioner as he has already got mutation after transfer of the name and correction in the mutation vide Mutation Case No.

1369 of 2011-12.

(iii) To pass such other order or order's as may deem fit and proper.

3. Learned counsel for the petitioner submits that this case may be disposed of with the liberty to the petitioner to file fresh representation before the Circle Officer, Piprahi, District - Sheohar for demarcation of his land.

4. Learned counsel for the State has no objection to this prayer of the petitioner.

5. In view of the aforesaid submission of the learned counsel for the petitioner, this case is disposed of with the liberty to the petitioner as prayed for. On filing of the

Patna High Court CWJC No.2448 of 2017(4) dt.27-11-2024 3/3 representation by the petitioner, the Circle Officer, Piprahi, District - Sheohar shall dispose of the said representation, expeditiously in accordance with law.

(Sunil Dutta Mishra, J) saurabhkr/- U