Chandra Madav Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2309 of 2017 ====================================================== Chandra Madav Pandey son of late Bhup Narain resident of village Shitalpur Kothi Pandey, Police Station Dariyapur, District Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary Revenue and Land Reforms Bihar, Patna. 3.

The District Magistrate, Saran.

4.

The S.D.O. Shripur, Chapra, Saran.

5.

The Circle Officer, Dariyapur, Saran.

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

For the Petitioner/s :

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

Mr. Subhash Chandra Yadav, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 01-08-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2.

The present writ petition has been preferred for the following relief/s:- "(I) For issuance of the nature of mandamus to command the respondents to measure the land which is situated in Mouza Akbar Thana no. 334, Khata no. 155 and Thana no. 335 and Khata no. 30 which in my possession and further direction to

Patna High Court CWJC No.2309 of 2017 dt.01-08-2024 2/3 Respondent not take illegal step regarding mutation of aforesaid land.

(II) For that the petitioner such other relief/ reliefs to which the petitioner may entitled in law"

3.

At the outset, learned counsel for the petitioner raises a limited grievance with respect to direction upon the Circle Officer, Dariyapur, Saran (respondent No.5) to measure the land pertaining to Mouza Akbar, Thana No. 334, Khata No. 155 and Thana No. 335 and Khata No. 30, which is in possession of the petitioner. In this regard, it is submitted that petitioner is ready to pay the amount for re-measurement of his land in question, as per Rule. Thus, he submits that liberty may be given to file application for re-measurement before the Circle Officer, Dariyapur, Saran (respondent No.5), which may be disposed of within a limited time frame.

4.

Learned counsel for the State in view of the submission of learned counsel for the petitioner does not object to the limited prayer canvassed by the learned counsel for the petitioner.

5.

In that view of the matter, petitioner is directed to file an application for re-measurement of the land in question before the Circle Officer, Dariyapur, Saran (respondent No. 5),

Patna High Court CWJC No.2309 of 2017 dt.01-08-2024 3/3 who shall be under obligation to dispose of the application in accordance with law within a period of three months from the date of receipt/production of a copy of this order. 6.

With the aforesaid direction, writ petition stands disposed of.

(Rudra Prakash Mishra, J) Raj Kishore/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08-08-2024 Transmission Date N/A