Ranjeet Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15082 of 2017 ====================================================== 1.
Ranjeet Kumar S/o Rameshwar Lal R/o-Village-Panpura, P.S.-Dhanarua, District-Patna.
2.
Rameshwar Lal S/o late Brij Bihari Lal, R/o-Village-Panpura, P.S.- Dhanarua, District-Patna.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Collector, Patna 2.
The Deputy Collector Land Reforms, Masaudhi, Patna. 3.
The Circle Officer, Dhanarua, Patna.
4.
The Officer-in-charge, Dhanarua P.S., Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Pradhan For the Respondent/s :
Mr.Md.Khurshid Alam -AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2019 Following is the relief, which the petitioners are seeking:- "1. That the present application is being filed for issuance of a writ in the nature of Mandamus or an appropriate writ or writs, order or orders or direction or directions commanding the respondents for implementing the order passed by the Deputy Collector Land Reforms, Masaudhi, Patna in BLDR Case No. 91 of 2013-14 passed on 15.06.2014 in true and correct prospective whereby and where under order has been given to the Circle Officer for measurement and demarcation of the land of the petitioners
Patna High Court CWJC No.15082 of 2017(2) dt.26-03-2019 2/3 appertaining to Mauza- Baurhi, Khata No. 0694, Plot no. 123, Thana no. 117, Area- 0.12 decimal and further to quash measurement report dt. 31.03.2016 given by the Anchal Amin, Dhanarua and to set aside the order dt. 21.04.2016 passed by C.O, Dhanarua in Mapi Case No. 15 of 2014-15 regarding the said land in question."
2. I have perused letter No. 51 dated 11.01.2017, written by the Circle Officer, Dhanarua, addressed to the Public Grievance Redressal Officer, Masaudhi, wherein he has communicated that the said order dated 27.06.2014, passed by the Deputy Collector Land Reforms in BLDR Case No. 91 of 2013-14 has been complied with and the measurement has been done and marking has been completed. The grievance of the petitioners to the extent it relates to implementation of the order dated 15.06.2014 is completely misconceived.
3. As regards prayer for quashing of measurement report dated 31.03.2016 of the Anchal Amin, Dhanarua and setting aside of the order dated 21.04.2016 passed by the Circle Officer, Dhanarua in Mapi Case No. 15 of 2014-15 is concerned, in my view, this Court in a proceeding under Article 226 of the Constitution of India cannot go into any such dispute
Patna High Court CWJC No.15082 of 2017(2) dt.26-03-2019 3/3 involving respective title of the parties. My attention has also been drawn to an order passed by the Public Grievance Redressal Officer, Masaudhi dated 05.09.2017. From the said order, it appears that the petitioners had approached the Public Grievance Redressal Officer also for the same relief as are being sought in the present petition. The Public Grievance Redressal Officer has rightly recorded that since the dispute relates to title over the land in question, the petitioners would have been well advised to approach to a Civil Court of competent jurisdiction.
4. I do not find any occasion for this Court to interfere in the matter.
5. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J) arun/- U