Patna High CourtCWJC/2705/2019disposed

Shankar Upadhyay v. The State Of Bihar And ORS

2019-02-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2705 of 2019 ====================================================== Shankar Upadhyay Son of Bageshwari Upadhyay resident of Village- Telhara, P.O. and P.S. Amba, Block Kutumba, District- Aurangabad. ... ... Petitioner/s

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 District- Aurangabad.

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

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

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

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

For the Petitioner/s :

Mr. Vijay Kumar Singh For the Respondent/s :

Mr. Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2019 Following is the relief, which the petitioner is seeking:- "(I) 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 to put the mark of demarcation by fixing pillar upon the boundary of land of the petitioner.

Patna High Court CWJC No.2705 of 2019(2) dt.13-02-2019 2/2 (II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to 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."

The petitioner has a remedy of making an application under Section 4 of the Bihar Land Disputes Resolution Act, 2009, which he may avail. It is also indicated that the petitioner has a remedy of appeal also under the said provision. This application stands disposed of with the observation, as above.

(Chakradhari Sharan Singh, J) Ashish/- U