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Patna High CourtCWJC/2737/2025disposed

Doman Yadav v. The State Of Bihar

2025-02-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2737 of 2025 ====================================================== Doman yadav Son of Jamun Yadav Resident of Mednichaowk, Bansipur, Post-Amarpur, P.S.-Medanichouk (Surajpur), District-Lakhisarai (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Munger 3.

The Circle Officer, Munger Sadar.

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the State :

Mr. Muztabaul Haque, (GP-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for directing the Respondent no.3 to take steps to measure and demarcate the land appertaining to Khata No.268, Khesra/Plot No.462/282, 283 and 466/287 measuring area 1 acre and 30 decimal of Mauza Kutalupur by engaging Anchal Amin for the purpose to secure the peaceful possession over the said land which was jointly settled in the name of petitioner's father and other family members through the registered sale deed.

3. Learned Counsel for the State raised preliminary objection and submits that petitioner has to take appropriate remedy before the appropriate forum. Counsel further submits

Patna High Court CWJC No.2737 of 2025(2) dt.25-02-2025 2/2 that the provision of measurement has been laid down under Rule 23 of the Tenancy Rules under the Bihar Tenancy Act, 1885 and under the said provision, petitioner has not filed his application.

4. In this background, this writ petition stands disposed off directing the petitioner to avail his remedy by way of filing an application under Rule 23 of the Tenancy Rules under the Bihar Tenancy Act, 1885. He shall also deposited to take remedy under the said Rule within 30 days from the date of passing of this order.

(Dr. Anshuman, J) Divyansh/- U