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Patna High CourtCWJC/3099/2023disposed

Braj Kishor Singh v. The State Of Bihar

2023-07-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3099 of 2023 ====================================================== Braj Kishor Singh Son of Late Maneger Singh, Resident of Village - Madhopur, Police Station - Jalalpur, District - Saran. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Land Reform, Government of Bihar, Patna. 3.

The District Collector, Saran at Chapra.

4.

The Sub-Divisional Officer, Chapra Sadar, Saran at Chapra. 5.

The Circle Officer, Jalalpur, Saran.

6.

Rabindra Singh, Son of Late Mahabir Singh, Resident of Village - Madhopur, Police Station - Jalalpur, District - Saran. 7.

Kiran Devi, Wife of Rabindra Singh, Resident of Village - Madhopur, Police Station - Jalalpur, District - Saran.

8.

Amitesh Singh, Son of Rabindra Singh, Resident of Village - Madhopur, Police Station - Jalalpur, District - Saran.

9.

Arun Singh, Son of Late Vikrama Singh, Resident of Village - Madhopur, Police Station - Jalalpur, District - Saran.

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

For the Petitioner/s :

Mr. Gaurav Kumar, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed by the petitioner for demarcation of his land situated in Mauza Madhopur, Thana and Anchal Jalalpur, District- Saran being Survey Thana No. 161, Khata No. 1008, Survey Plot No. 3648, Area 34 Decimals which was settled to the petitioner in lieu of his service in Army.

Patna High Court CWJC No.3099 of 2023(2) dt.19-07-2023 2/3

3. Learned counsel for the petitioner submits that the said land was settled to the petitioner in the year 1990 by virtue of Annexure-2. Counsel submits that the parwana was also issued to the petitioner and since then, he is residing on the said land.

4. Learned counsel for the petitioner submits that the private respondents are creating disturbance. In this regard, the petitioner has filed the representation before the District Magistrate, Saran at Chapra on 20.01.2023 but no action takes place.

5. Learned counsel for the State submits that petitioner may be directed to represent before the District Magistrate, Saran at Chapra afresh and the District Magistrate, Saran at Chapra may be directed to do all the needful.

6. Upon going through the arguments and pleadings of the parties, this Court disposed off this writ application directing the petitioner to represent himself before the District Magistrate, Saran at Chapra afresh within four weeks' alongwith the order passed by this Hon'ble Court and the District Magistrate Saran at Chapra is directed to hear the petitioner as well as to the alleged encroacher and after hearing both the parties shall pass a reasoned and speaking order.

Patna High Court CWJC No.3099 of 2023(2) dt.19-07-2023 3/3

7. With this direction, the present writ application stands disposed off.

(Dr. Anshuman, J.) sadique/- U