Bindu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2833 of 2025 ====================================================== 1.
Bindu Thakur Son of Singhasan Thakur, Resident of Village and P.O. and P.S.- Charpokhari, District- Bhojpur.
2.
Birendra Thakur, Son of Singhasan Thakur, Resident of Village and P.O. and P.S.- Charpokhari, District- Bhojpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Land Reforms and Revenue, Govt. of Bihar, Patna.
2.
The Collector-cum-District Magistrate, Bhojpur at Arrah. 3.
The Circle Officer at Charpokhari Anchal, District- Bhojpur. 4.
Birendera Kumar Himanshu @ B.D. Singh, Resident of Village- Dhedha, P.O.- Koyal, P.S.- Charpokhari, District- Bhojpur. 5.
Vikas Kumar, Son of Birendra Kumar Himanshu @ B.C. Singh, Resident of Village and P.O. and P.S.- Charpokhari, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Shankar Prasad Yadav For the Respondent/s :
Smt. Anuradha Singh, SC-21 Mr. Rakesh Prabhat, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2025 1.
Heard learned counsel for the petitioners and the learned AC to SC-21.
2.
Learned counsel for the petitioners submits that the petitioners are aggrieved by the fact that the Circle Officer, Charpokhari, is not complying the orders of the Collector and the DCLR, annexed as Annexures-1 & 5 to the writ application. 3.
Learned counsel for the petitioners submits that it is an act of insubordination that the Circle Officer, despite specific direction passed by the Collector as contained in
Patna High Court CWJC No.2833 of 2025(2) dt.25-02-2025 2/3 Annexure-1, is not giving heeds to the order requiring the petitioners to move before this Court seeking a writ of mandamus.
4.
The learned counsel for the petitioners thereafter submits that from perusal of Annexure-1, i.e., order dated 27-62024 passed by the Collector-cum-2nd Appellate Authority, Bhojpur, Ara, it would manifest that the Collector-cum-2nd Appellate Authority has clearly directed the Circle Officer, Charpokhari to carry out the measurement of land for which petitioners have deposited the requisite fee. 5.
It is submitted that petitioners produced the order of Collector dated 27-6-2024 before the Circle Officer, but then he is sitting tight over the matter. It is next submitted that the moment the land of the petitioners will get measured by the Circle Officer through the Amin the real fact would come to the fore that how private respondents are trying to encroach the settled land of the petitioners.
6.
Learned State counsel submits that he does not have any objection in the event if the writ application is disposed of with a direction to the Circle Officer, Charpokhari to comply the order dated 27-6-2024 in Case No. 429110213122305300/2A passed by the Collector within a time
Patna High Court CWJC No.2833 of 2025(2) dt.25-02-2025 3/3 frame.
7.
After hearing the learned counsel for the parties and without going into merits of the case, the writ application is disposed of with a direction to the Circle Officer, Charpokhari to comply the order dated 27-6-2024 passed by the Collector as contained in Annexure-1 to the writ application, within a period of 6 weeks from the date of receipt/production of a copy of this order.
(Satyavrat Verma, J) SUMIT/- U