Janardan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2294 of 2019 ====================================================== Janardan Singh Son of Umacharan Singh Resident of Village- Belwa, Police Station- Mufassil, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Land Reform Department, Govt. of Bihar, Patna 2.
The District Magistrate, Katihar 3.
The Superintendent of Police Katihar 4.
The Sub-Divisional Officer, Katihar 5.
The Circle Officer, District- Katihar 6.
The Officer-in-Charge, Muffassil Police Station, Katihar 7.
The Anchal Amin Katihar 8.
Raj Kishore Yadav Son of Late Bauki Yadav Resident of Village- Belwa, Police Station Muffasil, District- Katihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr. Raj Kishore Roy (GP-18) Amicus Curiae :
Ms. Sushmita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-02-2025 No one appears on behalf of the petitioner, however, Learned Counsel for the State is present.
2. Learned Counsel for the State submits that the grievance for which the writ petition has been filed has been settled as per the pleading.
3. This Court is of the opinion that keeping this case pending shall not solve any purpose. As such, in order to avoid unnecessary delay, this Court hereby appoints Ms. Sushmita Kumari, learned Advocate, who is present in Court, as Amicus
Patna High Court CWJC No.2294 of 2019(3) dt.06-02-2025 2/3 Curiae to assist in this case.
4. Learned Amicus Curiae submits that the present writ petition has been filed for the following relief/s:- "I. For issuance of a writ in the nature of mandamus directing the official respondent/s to get the measurement work done forthwith on the lands of the petitioner appertaining to MauzaBelwa, Ward No.65, Khata Nos.87 and 89, Kheshra Nos.567 and 528, Area 1.50-5 acres and demarcate the boundaries of the petitioner accordingly.
II. For issuance of any other appropriate writ(s), order(s) or direction(s) which may be deemed fit and proper in the facts and circumstances of the case."
5. Learned Amicus Curiae submits that as per the pleadings made in the counter affidavit particularly para no.6 that repeated attempt has been made by the concerned respondent for completion of the measurement for which the case has been filed. But finally, measurement has been completed and land in question has been demarcated. The copy of the measurement proceeding has been annexed as Annexure- A, B
Patna High Court CWJC No.2294 of 2019(3) dt.06-02-2025 3/3 & C to the counter affidavit.
6. Learned Counsel for the State submits that the affidavit has been made by the Additional Collector, Katihar who has categorically mentioned that subject matter of this writ petition is Plot Nos.567 & 528 appertaining to Khata Nos.87 and 89, Mauza- Belwa, Thana no.65 of Katihar Anchal, total Area 1.5034 acres. Counsel submits that measurement has already been made and supportive documents are annexed as Annexure- A, B & C to the counter affidavit.
7. In the light of the present facts and circumstances of this case that the grievance of the petitioner has been settled on the basis of the pleadings made in the counter affidavit, this writ petition is hereby disposed off as infructuous.
8. Learned Amicus Curiae shall be entitled to receive payment of Rs.10,000/- (Rupees Ten Thousand) from the Patna High Court Legal Services Committee for the assistance rendered by her as an Amicus Curiae, upon production of this order within 60 days.
(Dr. Anshuman, J) Divyansh/- U