Dr. Jainendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3096 of 2025 ====================================================== Dr. Jainendra Kumar Son of Late Motichand Prasad, Resident of G/17, P.C. Colony, P.S. - Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

4.

District Collector, Nalanda at Biharsharif.

5.

Additional Collector, Nalanda at Biharsharif. 6.

Sub-Divisional Officer, Rajgir, District- Nalanda at Biharsharif. 7.

Deputy Commissioner Land Revenue, District Rajgir District- Nalanda at Biharsharif.

8.

Circle Officer, Silao, District Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Respondent/s :

Mr. AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned AC to AAG-12 for the State.

2. Learned counsel for the petitioner submits that the instant writ application has been filed seeking a direction upon the respondent no. 8 to demarcate and measure the plot bearing no. 353, Halka No. 04, Thana No. 399, Khasra No. 3469, area 182 decimals at village Nirpur, Circle Silao, district Nalanda at Biharsharif. It is further submitted that father of the petitioner Late Motichand Prasad had purchased the land in question in the year 1955 vide Vasika No. 10798 by the landlord through

Patna High Court CWJC No.3096 of 2025(2) dt.27-02-2025 2/3 registered sale deed as would manifest from Annexure-P/1 to the writ application. It is next submitted that after purchasing the land, the same was mutated and rent receipts were issued in the name of the father of the petitioner and after the death of the father of the petitioner rent receipt is being issued in the name of the petitioner and his two brothers as the land was divided into three equal shares.

3. Learned counsel for the petitioner next submits that the land of the petitioner is adjacent to a land on which Nav Nalanda (+2) High School, Nirpur is running. It is further submitted that petitioner retired as a Professor from Patna Medical College, Patna and after his retirement, he went to his village and when he intended to construct a boundary wall over his land the same was objected by the school, as such, the petitioner filed an application dated 11.04.2022 (Annexure-P/3 series) addressed to the Circle Officer requesting him to demarcate and get the land of the petitioner measured by appointing an Amin but then it is submitted that till date no action has been taken.

4. Learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the petitioner to file a fresh representation before the

Patna High Court CWJC No.3096 of 2025(2) dt.27-02-2025 3/3 Circle Officer for getting his land measured and demarcated as it my be a possibility that the earlier representation of the petitioner dated 11.04.2022 may not be found in the office of the Circle Officer on which learned counsel appearing on behalf of the petitioner submits that petitioner will file a fresh representation before the Circle Officer, Silao for getting his grievance redressed as raised in the instant writ application.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation with regard to the lis as raised in the instant writ application before the Circle Officer, Silao on or before 06.03.2025.

6. It is made clear that if any application is filed on behalf of the petitioner on or before 06.03.2025, the Circle Officer, Silao shall dispose of the same within a period of one month thereafter in accordance with law.

7. It is further made clear that this Court has not gone into the merits of the case.

(Satyavrat Verma, J) Kundan/- U