Raghunath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6870 of 2020 ====================================================== Raghunath Prasad s/o- Late Ganesh lal @ Ganesh Prasad. Permanent Address- village- Mira tola Dighawa, Post-Khajuhati P.S Baikunthpur District - Gopalganj Bihar, Pincode- 841409 ... ... Petitioner

Versus

1.

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

The District Magistrate, Gopalganj.

3.

Superintendent of Police, Gopalganj.

4.

Sub-Division Officer, Gopalganj.

5.

Circle Officer, Baikunthpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Pd. Singh, Advocate For the Respondent/s:

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 30-11-2021 Heard learned counsel for the petitioner. Learned counsel for the petitioner hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present writ petition has been filed for the following reliefs as formulated by the petitioner- "(i) To direct the Circle Officer (Respondent no.5) for measurement of land of petitioner bearing khata no. 13, Plot No. 1059 Rakba-1 kathas is situated at Mauza Dighawa Thana No. 339 Circle Baikunthpur DistrictGopalganj boundary of land. North- Chandrama Singh,

Patna High Court CWJC No.6870 of 2020 dt.30-11-2021 2/3 South- Nij East- Mir Safar Hussain, West- Road and Bipin Gri.

In view of the facts the land is ancestral property and mutated in favour of petitioner father (Ganesh Prasad) as Jama Bandi No. 7. And thereafter petitioner has got rent receive dated 10/10/15 and also has got L.P.C. from C.O. Baitunthpur and the petitioner has prayed before C.O. (respondent no.5) for measurement of land for purpose of erecting house but no any step has been taken were as petitioner has also prayed respondent no. 5 properly ready to deposit charge. (ii) Any other relief/reliefs for which petitioner is entitled for."

3. At the very outset, learned counsel for the petitioner states that he has filed an application before the Circle Officer, Baikunthpur, District- Gopalganj (respondent no.5) on 16.10.2019 requesting for measurement of his aforesaid land, which appears to be pending. It will suffice if a direction for disposal of the application be issued without entering into the detailed merits of the matter.

4. None appears on behalf of the respondents when the matter is called.

5. Having regard to the nature of the grievance of the petitioner, the writ petition is disposed of with a direction to the

Patna High Court CWJC No.6870 of 2020 dt.30-11-2021 3/3 Circle Officer, Baikunthpur, District- Gopalganj (respondent no.5) to consider and dispose of the representation of the petitioner, said to have been filed on 16.10.2019, if still pending, on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, expeditiously and in any event preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.12.2021 Transmission Date N.A.