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Patna High CourtCWJC/5249/2024disposed

Indu Sinha v. The State Of Bihar

2024-04-05Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5249 of 2024 ====================================================== Indu Sinha W/o Paras Nath Singh, Resident of Village-Datra Pursauli, P.S.- Isuapur, District-Saran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Land Reforms and Revenue Department, Govt. of Bihar.

2.

The Circle Officer, Isuapur Block, District-Saran. 3.

Basant Kumar Singh, S/o Late Virendra Singh, Resident of Village-Datra Pursauli, P.S.-Isuapur, District-Saran, Bihar. 4.

Pawan Kumar Singh, S/o Late Virendra Singh, Resident of Village-Datra Pursauli, P.S.-Isuapur, District-Saran, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Pratap, Advocate For the Respondent/s :

Mr. Satya Vrat, AC to GP.10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner has prayed for the following reliefs: (i) for issuance of a writ in MANDAMUS directing the Respondent No.-2 to undertake the measurement of the plot bearing Survey Plot No.-2978, 2988, 2958, 2603, 2436 measuring 51.43 decimals under Sub-Registry OfficeSaran at village Datra Pursauli, District- Saran whereas private respondent no. 3 & 4 are trying to

Patna High Court CWJC No.5249 of 2024(2) dt.05-04-2024 2/3 encroach over the land of the petitioner who has been under the continuous peaceful possession since 1988;

(ii) for issuance of a writ in MANDAMUS directing the Respondent No.-2 to measure the plots pertaining to sale deed no 1222 dated 17.03.1988 and mark the boundaries thereof based on petitioner's representation dated 01.11.2023;

(iii) for issuance of time bound direction to respondent no.-2 to decide the representation dated 01.11.2023 and further the said respondent be directed to restore the possession of the petitioner after execution of the report of Revenue/Circle Inspector dated 13.05.2022 whereby Revenue Inspector in his report has

Patna High Court CWJC No.5249 of 2024(2) dt.05-04-2024 3/3 recommended for measurement of purchased property of petitioner pertaining to sale deed no 1222 dated 17.03.1988;

(iv) for any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case.

3. Learned counsel for the petitioner submits that despite submission of proper representation before the respondent-Circle Officer, Isuapur, Circle, Saran, the same has not been taken to its logical conclusion.

4. In view of the limited prayer made by the petitioner, the writ petition stands disposed of directing the respondent no.2, the Circle Officer, Isuapur, Saran to take up the matter and after hearing all the concerned parties and perusing the record, pass an appropriate order within a period of six months from today.

(Rajiv Roy, J) Ravi/- U