Jamiruddin Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10519 of 2014 ====================================================== 1.

Jamiruddin Sah Son of Late Md. Abbas Sah 2.

Ganga Ram Das S/o Late Shyam Sundar Das 3.

Yogendra Sahani Son of Gonour Sahani 4.

Sone Lal Sah Son of Late Sukha Sah 5.

Vijay Sah Son of Ramdeo Sah 6.

Vilash Roy Son of Late Suraj Roy All are Resident of Village P.O. P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Sitamarhi.

3.

The Additional Collector Sitamarhi.

4.

The Special Land Acquisition Officer, Gandak Project, Muzaffarpur. 5.

The Anchal Adhikari, Belsand, District- Sitamarhi. 6.

The Exectutive Engineer, Water Distributory Division, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Respondent/s :

Mr. Anjani Kumar, AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioners and learned counsel for the State along with counsel Mr. Anil Kumar, Executive Engineer, Water Distributory Division, Sitamarhi.

2. Learned counsel for the State submits that in compliance of the order dated 26.06.2023, the Executive Engineer (respondent No.6) has issued notice to the petitioners for fresh measurement but Amin of the petitioners could not reach on the spot. As such, measurement could not be

Patna High Court CWJC No.10519 of 2014(3) dt.25-07-2023 2/2 completed.

3. Counsel further submits that since it is rainy season going on, therefore, perfect measurement is not possible.

4. Counsel for the petitioners and State agreed that the Executive Engineer shall measure the said land afresh in presence of parties in the month of November-December, 2023 and upon measurement, he shall recommend the correct report before the competent authority and one copy of measurement report shall also be provided to the petitioners with which the petitioners shall pursue their matter before the competent authority and competent authority is directed to pass a reasoned order within 8 weeks from the date of filing of the representation along with the copy of the report of measurement made by the Executive Engineer.

5. With the aforesaid direction, the present writ application is hereby disposed of.

6. The appearance of the Executive Engineer (respondent No.6) is hereby exonerated.

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