Pramod Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2412 of 2019 ====================================================== Pramod Ram (Male), aged about 35 Years, Son of Late Shiv Narayan Ram, resident of Village-Telhara, P.O. and P. S. Amba, Block- Kutumba, DistrictAurangabad. ... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3. The District Magistrate, Aurangabad.

4. The Sub-Divisional Officer, Sadar, Aurangabad.

5. The Circle Officer, Kutumba, District-Aurangabad.

6. The Secretary, Kabristan, Mauza-Telhara, Tola- Udayganj, P.O and P.S-Amba, Block-Kutumba, District-Aurangabad.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar Singh, Advocate.

For the Respondents :

Mr.Rishi Raj Sinha, S.C. 19 and Mr. Akhilesh Kumar Sinha, A.C. to S.C. 19.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The present writ application has been filed on behalf of the petitioner for issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondent authorities particularly the respondent no. 5 to make measurement of the land bearing Khata No. 83, Plot No. 1226, measuring an Area 67 1⁄2 Decimals, situated in Village- Telhara, Tola-Udayganj, P.O. Amba, District-Aurangabad and after making measurement, put the mark of demarcation by fixing pillar upon the boundary of land of the petitioner and also

Patna High Court CWJC No.2412 of 2019(2) dt.15-02-2019 2/2 remove the encroachment over the aforesaid raiyati land of the petitioner from the illegal encroachment made by the Members of Kabristan and put his possession.

Considering the reliefs as sought for on behalf of the petitioner in the present writ application, the petitioner is directed to file a complaint under Section 4 of The Bihar Land Disputes Resolution Act, 2009 before the competent authority i.e. Deputy Collector Land Reforms or any officer assigned to discharge the functions and duties of Deputy Collector Land Reforms in the concerned Sub Division within a period of one month from today. The Deputy Collector Land Reforms of the concerned Sub Division, shall examine the complaint of the petitioner and, after giving opportunity of hearing to all concerned parties, pass an appropriate order in accordance with law within a period of four months from the date of filing of such complaint.

With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U