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Patna High CourtCWJC/2893/2023disposed

Vijay Choubey @ Vijay Kumar Choubey v. The State Of Bihar

2023-07-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2893 of 2023 ====================================================== Vijay Choubey @ Vijay Kumar Choubey Son of Late Gaya Prasad Choubey Resident of Village- Patna, P.S.- Belaon, Anchal Rampur, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary of the Home Department, Bihar, at Patna.

2.

The District Magistrate, Kaimur at Bhabua.

3.

The Sub-Divisional Magistrate, Bhabua, District- Kaimur at Bhabua. 4.

The Circle Officer, Rampur, P.S.- Belaon, District- Kaimur at Bhabua. 5.

The Superintendent of Police, Kaimur at Bhabua. 6.

The Officer-in-Charge of Police Station, Bhabua, District- Kaimur at Bhabua.

7.

Brijkishore Choubey, Son of Late Gaya Prasad Choubey Resident of Village- Patna, P.S.- Belaon, Anchal Rampur, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Respondent/s :

Mr. Md. Harun Quareshi, AC to SC-01 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present writ application has been filed by petitioner for measurement of his land with his brother. Counsel submits that he has filed representation before the Circle Officer, Rampur, Kaimur (Bhabua) but he sat over the matter and not complied the order of the consolidation authority.

Counsel for the State submits that from the

Patna High Court CWJC No.2893 of 2023(2) dt.17-07-2023 2/2 representation filed by the petitioner which is Annexure-6, it transpires that he has filed representation before the District Magistrate, Kaimur, Bhabua whereas the competent authority is Circle Officer.

In this background, counsel for the petitioner is directed to file application before the Circle Officer, Rampur, Kaimur (Bhabua) under Rule 23 of the Bihar Tenancy Rule, 1885 (Act VIII of 1885), with the requisite payment for measurement and Circle Officer, Rampur, Kaimur (Bhabua) is directed to complete the measurement of land hearing both the parties within 60 days from the date of filing of the application. With this aforesaid direction, the present writ petition is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U