Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3725 of 2022 ====================================================== Abhay Kumar Singh Son of Late Ram Pravesh Singh, R/o Village - Barbatta, P.S. - Sonepur, District - Saran.

... ... Petitioner/s

Versus

1.

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

Principal Secretary, Department of Revenue and Land Development, Govt. of Bihar, Patna.

3.

Commissioner, Saran, Chapra.

4.

District Magistrate - Cum - Collector, Saran, Chapra. 5.

Superintendent of Police, Saran, Chapra.

6.

Sub-Divisional Officer, Sonepur, Saran.

7.

Block Development Officer, Sonepur, Saran.

8.

Circle Office, Sonepur, Saran.

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

For the Petitioner/s :

Mr.Dhananjay Mishra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-02-2024 Heard the parties.

2. Learned counsel for the petitioner undertakes to remove the defects.

3. The present writ petition has been filed for the following reliefs;

(i) to direct the respondent authorities specially to C.O., Sonepur for measurement of land of petitioner bearing Khata no. 264, Khasara No. 567, Rakaba-5 katha, Mauza-Pahari Chak, Sonepur and to erect the cemented pillar after the

Patna High Court CWJC No.3725 of 2022(2) dt.13-02-2024 2/3 demarcation of land.

In view of the facts 5 (five) katha was purchased in the name of petitioner and his brother namely Sanjay Kr. Singh through the Registered deed and got peaceful possession and made a Kachcha Makan on this land and now he wants to make a pucca Makan he wants for demarcation and measurement of land to keep himself free from future dispute with his neighbours.

(ii) to direct the respondent authorities to remove encroachment, if any, found at the time of measurement/demarcation;

(iii) to direct the respondent authorities to erect pillar on all four corners either of government pillar or provided by the petitioner at the time of measurement/demarcation.

4. It is unfortunate for such kind of prayer, a citizen has to knock the doors of the High Court.

5. The petitioner has made a simple prayer before the Circle Officer, Sonepur, Saran for the measurement of his land for which he is ready to pay the necessary cost.

6. As per annexure-4, a petition has already preferred appropriate petition before the said respondents on 28.01.2020.

7. Instead of keeping the case pending, it would be appropriate that a direction is issued that if the prayer of the

Patna High Court CWJC No.3725 of 2022(2) dt.13-02-2024 3/3 petitioner has still not been redressed, he shall move before the Circle Officer, Sonepur, Saran (respondent no. 8) with a fresh application along with the present order in four weeks and the Circle Officer, Sonepur, Saran (respondent no. 8) shall ensure that appropriate steps is taken in next eight weeks.

8. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U