Jagdish Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11304 of 2015 ====================================================== Jagdish Ram Son of Late Bishesar Ram, Resident of Village Tilangahi Bahuarwa, P.S- Purushottampur, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Commissioner, Tirhut, district- Muzaffarpur 3.

The Collector, West Champaran at Bettiah 4.

The Deputy Collector Land Reforms, Narkatiyaganj, District- West Champaran 5.

The Anchaladikari Mainatar Anchal, district West Champaran 6.

Damodar Prasad, Son of Ganga Sah.

7.

Bharat Pandit, Son of Sadhu Pandit.

Both Resident of Village Tilangahi Bahuarwa, P.S.- Purushottampur, District- West Champaran.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Respondent/s :

Mr. P.K.Singh, SC-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2023 Learned counsel for the petitioner and learned counsel for the State are present.

2. The present writ petition has been filed by the petitioner seeking direction to the respondent no.4 for demarcation of land appertaining to Khata No.82, Khesra No.854/1, area 4 decimals and Khesra No.854/2, area 101⁄2 decimals in Mauza- Telangahi Bahuarwa, District-West Champaran.

3. Learned counsel for the petitioner submits that private respondents are creating problem and with a view to end

Patna High Court CWJC No.11304 of 2015(2) dt.31-07-2023 2/2 the problem measurement is required. He further submits that petitioner has filed application before different officials i.e. Circle Officer, Deputy Collector Land Reforms and Collector for measurement but the land could not measured.

4. Learned counsel for the State submits that the provision of measurement is there under Rule 23 of Bihar Tenancy Rules under Bihar Tenancy Act, 1885 under which the petitioner may file an application for measurement with requisite fee.

5. In this background, the petitioner is directed to avail his remedy under Rule 23 of Bihar Tenancy Rules under Bihar Tenancy Act, 1885 before the Circle Officer by way of filing petition with requisite court fee.

6. Circle Officer, Mainatada, West Champaran is directed to do the needful and complete the measurement in presence of the parties concerned within six months from the date of filing of application.

7. With this observation and direction, the present writ petition stands disposed off.

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