Chandeshwar Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14794 of 2017 ====================================================== Chandeshwar Mahto Son of late Janak Mahto Resident of Village- Sonbarsa, Ward No. 14, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Additional Collector, District- Sitamarhi. 3.

The Senior Superintendent of Police, District- Sitamarhi. 4.

The Deputy Superintendent of Police, District- Sitamarhi. 5.

The Sub-Divisional Magistrate, Sitamarhi Sadar, District- Sitamarhi. 6.

The Circle Officer, Sonbarsa, District- Sitamarhi. 7.

Sanjay Kumar Mahto S/o late Ganesh Mahto Resident of Village- Sonbarsa, ward No. 11, P.S. Sonbarsa,District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Respondent/s :

Mr. Sajid Salim Khan- SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-06-2025 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"(i) Issuance of a direction, order or writ. including writ in the nature of mandamus for direction to the respondent authority for measurement of Land of the petitioner bearing Khata No.155, Khesra No.407 and 2.5 Dec. land and second Khesra No.408-3.5 Discimal land and Khesra No. 411-10 Dismi-1 land Total 16 Disc.

2/4 land which has been measurement the land by the circle Officer Sonbarsa, Sitamarhi (Respondent No.6) at the instance of the private Respondent No.7 namely Sanjay Kumar Mahto, which has been captured the land of the petitioner which filed the facts despite the facts earlier direction of the several concerned authorities in this regard. (ii) For direction to the Respondent No.6 (Circle Officer, Sonbarsa), Sitamarhi, to comply of the order dated 31.01.2017 passed by Respondent No. 2 (Additional Collector, District Public Complaint Grievances cell, Sitamarhi) whereby the specific direction to the Respondent No.6 has been institute for measurement of land of the petitioner above named.

iii) For further direction to Respondent No.6 (C.O..Sonbarsa) that after the measurement of aforesaid land of the petitioner the re-after the possession of petitioner of the same be handed over to him.

iv) Any other relief that the petitioner may be found to be entitled to in the facts and

3/4 circumstances of the present case."

I.A. No. 01 of 2021

3. The aforesaid Interlocutory application has been preferred for substituting the heirs of sole petitioner, Chandeshwar Mahto who died on 10.07.2020.

4. In view of the statements made in different paragraphs and since there is no opposition from the other side, the I.A. No. 01 of 2021 is allowed.

5. Let the heirs of the sole petitioner (i) Most. Urmila Devi wife of late Chandeshwar Mahto, (ii) Pankaj Kumar, son of Late Chandeshwar Mahto, (iii) Chandan Kumar son of Late Chandeshwar Mahto (iv) Raju Kumar son of Late Chandeshwar Mahto and Arti Kumari, daughter of Late Chandeshwar Mahto (All are residents of Village: Sonbarsa, P.O. & P.S. Sonbarsa, District Sitamarhi) be substituted.

6. Office to do the needful.

CWJC No. 14794 of 2017

7. Learned counsel for the petitioners submit that they shall be approaching the appropriate authority with appropriate fees for the measurement of land.

8. If such petition is preferred within four weeks, the appropriate authority shall be noticing the respondent no.

4/4 7/other relevant parties in the said measurement and in their presence, the land shall be measured in accordance with law.

9. The entire process is to be completed in six months if the petitioner prefers petition along with requisite fees in next four weeks.

10. The writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U