Chandra Banshi Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10975 of 2018 ====================================================== Chandra Banshi Singh S/o Late Shital Singh R/o Mohalla- Digha Ghat, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Land Reforms Department, Bihar, Patna 3.

The District Magistrate, Patna 4.

The Circle Officer, Patna Sadar, District- Patna 5.

The Director, Mass Education, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 29-10-2024 In the instant petition, petitioner has prayed for the following relief(s):- 1). For issuance of any appropriate writ or writs, Rule or direction especially in the nature of mandamus directing the Respondent No.4, (Circle Officer, Patna Sadar) to disposed of the representation filed by the petitioner dated 27.02.18 whereby and whereunder petitioner being land holder of Total area 3150 Sq. Ft. situated at Mauza- Digha, District- Patna, Thana No.-1, Tauzi No. 5130, Khata No. 495 and 685, Survey Plot No.- 4012 and 4011 prayed to make measurement and demark the land of petitioner and disposed of Measurement Case No. 30/2009-10 and 30/2016-17.

(ii). For issuance of any appropriate writ or writs, rule or direction as your Lordship may deem and proper to the facts and

Patna High Court CWJC No.10975 of 2018 dt.29-10-2024 2/3 circumstances of the case as well as for which the petitioners may be found entitled thereto.

2. Learned counsel for the petitioner submitted that petitioner is land holder of total area 3150 square ft. situated at Mauza- Digha, District- Patna, Thana No.-1, Tauzi No. 5130, Khata No. 495 and 685, Survey Plot No.- 4012 and 4011 and he has filed representation before the Circle Officer, Patna Sadar, District-Patna for demarcation of aforesaid land but up till now, no order has been passed for demarcation of aforesaid land.

3. Counter affidavit has been filed on behalf of respondent no. 3 and 4. At para 8 of the counter affidavit it has been submitted that measurement of the land in question had been done in presence of all concerned persons including the petitioner which is apparent from the report of Circle Amin (Annexure-C) and hence, grievance of the petitioner has been redressed.

4. Learned counsel for the petitioner has emphasized that though report of Circle Amin indicates that measurement has been done but the said report does not indicate that there was demarcation at the boundary of land in question. He further submits that petitioner is ready to deposit the required cost for the purpose of demarcation of the land in

Patna High Court CWJC No.10975 of 2018 dt.29-10-2024 3/3 question.

5. Considering the facts and circumstances of the case, the present writ petition stands disposed of with liberty to petitioner to raise his grievance regarding demarcation of the land in question before the Circle Officer, Patna Sadar, Patna within a period of five weeks from the date of receipt of this order. If petitioner raises his grievance before the Circle Officer, Patna Sadar, Patna, the concerned Circle Officer is directed to pass appropriate order on the representation of the petitioner within a period of six weeks from the date of its filing in accordance with law.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 30.10.2024.

Transmission Date N.A.