Hira Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18280 of 2016 ====================================================== Hira Sharma Son of Late Nathuni Sharma Resident of Village-Areraj, P.S.- Gobindganj, District-east Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Tirhut Division, Muzaffarpur, Bihar 3.

The Collector, Motihari East Champaran 4.

Land Reforms Development Commissioner, Motihari East Champaran 5.

The Circle Officer, Areraj, East Champaran 6.

Mahanth Ravi Shankar Giri Son of radhe Shyam Giri Chela of Mahanth Shiv Nand Giri of Village-Areraj, P.S.-Gobindganj, District ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Respondent/s :

Mr.Md.Khurshid Alam-Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-08-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of writ in the nature of mandamus, order or orders, direction or directions, commanding the respondent No.

1 to 5 to carve out the land bearing Khata No.104 Kheara No.974 Area-0.25 decimal as was/is wrongly incorporated in the record of Respondent no.-1 whereas the aforesaid land was purchased by the mother namely

Patna High Court CWJC No.18280 of 2016(2) dt.05-08-2025 2/2 Chandra Kali Devi (deceased) of the petitioner but on account of wrong declaration by the then Mahanth Shiv Shankar Giri land was declared surplus and incorporated in the record of state of Bihar and further direction may be given to restrain the respondent no.-1 to 5 from taking possession over the land from the possession of the petitioner.

3. After some argument, learned counsel for the petitioner submits that he may be permitted to withdraw the petition with liberty to appear before the appropriate authority.

4. Granting said liberty, the writ petition is disposed of.

5. If the petition is filed in four weeks, the concerned authority shall take into account that the matter was pending before this Court for nine years while dealing with the limitation petition.

(Rajiv Roy, J) Ravi/- U