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Patna High CourtCWJC/13019/2018disposed

Smt. Sharadha Devi v. The State Of Bihar And ORS

2018-10-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13019 of 2018 ======================================================

1. Smt. Sharadha Devi, wife of Tinku Ram, Resident of Village- Telaundha, P.S. Sanokhar, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2. The Collector, Bhagalpur.

3. The Sub Divisional Officer, Kahalgaon, Bhagalpur.

4. The Anchal Adhikari, Sanhoula, District Bhagalpur.

5. The Sub Divisional Police Officer, Kahalgaon, Bhagalpur.

6. Ganauri Paswan

7. Salauri Paswan

8. Shankar Paswan All sons of Late Jitan Paswan

9. Chandan Paswan, son of Shankar Paswan

10. Ghoghan Paswan, son of Late Parmeshwar Paswan

11. Bideshi Paswan

12. Pardeshi Paswan Both sons of Late Narayan Paswan Sl.No. 6 to 12 are Resident of Village- Telaundha, P.S. Sanokhar, Anchal Sanhaula, via Ekchari, District Bhagalpur.

13. Niranjan Paswan, son of Karoo Paswan, Resident of Village- Beldiha, P.S. Sanokhar, District Bhagalpur.

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

For the Petitioner/s : Mr. Subodh Chandra Jha For the Respondent/s : Mr. Md.Khurshid Alam -AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-10-2018 Heard both sides.

The petitioner has filed this writ petition for following reliefs:- "(i) For an issuance of writ of Mandamus or any other appropriate writ(s), order (s) directing the respondent 1st party authority to get the land of the petitioner detailed mentioned in Annexure-1 be measured and demarked by the Govt. Amin or any proper authority.

(ii) To any order relief (s) to which the petitioner found to be entitled be given."

Patna High Court CWJC No.13019 of 2018 (2) dt.09-10-2018 2/2 The learned counsel for the petitioner submits that petitioner purchased 21⁄2 decimals of land of Khata No. 41, Khesra No. 393 (part) situated in village Telaundha, P.S., Sanokhar, district Bhagalpur from one Sukh Mohan Mishra, son of Late Krishna Mohan Mishra, through registered sale deed dated 15.03.2012 but the respondent Nos. 6 to 13 are creating trouble and disturbance in possession of the petitioner. The petitioner filed petition before the Circle Officer to get her purchased land measured for which she also deposited fees of Rs. 1000/- but the Circle Officer did not pay any heed on the petition of the petitioner.

The Circle Officer is duty bound to perform his official duty and pass order on the petition of the petitioner and get the land of petitioner measured after depositing required court fees. Having considered the submission of the petitioner, I find that the Circle Officer is not at all justified in sitting over the petition of the petitioner, which is filed for measurement of her land. Accordingly, I direct the Circle Officer, Sanhoula, Bhagalpur, respondent No.4, to get the land of petitioner of Khata No. 41, Khesra No. 393 (part) situated in village Telaundha purchased through sale deed dated 15.03.2012 measured within two months from the date of receipt of this order. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U