Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.238 of 2020 In Civil Writ Jurisdiction Case No.1829 of 2020 ====================================================== Ramesh Kumar, Son of Late Akhileshwar Prasad Singh, Resident of VillageBarhauna, P.S.-Chandi, District-Nalanda. ... ... Appellant/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reform, Bihar, Patna.
2.
The Collector, Nalanda.
3.
The D.C.L.R., Hilsa, Nalanda.
4.
The Circle Officer, Hilsa, Nalanda.
5.
Most. Vidya Devi, Wife of Late Yogendra Shukla 6.
Satyanand 7.
Nityanand Son of Late Yogendra Shukla 8.
Mostt. Madhuri Sinha, Wife of Late Krityanand All private Respondents resident of Village- Asta, P.S.-Tharthari, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Neeraj Kumar, Advocate For the Respondent/s :
Mr. Md. Khrushid Alam (AAG-12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 26-08-2021 Heard the learned counsel for the parties.
Aggrieved by the judgment and order dated 13.02.2020 passed in C.W.J.C. No. 1829 of 2020 passed by the learned Single Judge of this Hon'ble Court, appellant has preferred this L.P.A.
Patna High Court L.P.A No.238 of 2020 dt.26-08-2021 2/3 Appellant had filed writ petition for quashing the order dated 01.08.2019 issued by Circle Officer, Chandi Anchal Nalanda by which direction was issued for measurement of the land against which Jamabandi Cancellation Case No. 15/2014 was pending before the District Magistrate, Nalanda as well as same is subject matter of First Appeal No. 131 of 1982 pending before Hon'ble Patna High Court.
A counter affidavit has been filed in which it has been stated that on application submitted by private respondents before Sub-Divisional Public Grievance Redrassal Officer, Hilsa a proceeding for demarcation of the land was initiated by Circle Officer, Hilsa. After submission of inquiry report from the Revenue Karamchari and Circle Officer a date was fixed for measurement of the land against which writ petition was filed. Writ petition was disposed of with observation that there cannot be any objection to any person if the State authorities come to measure the land in his possession, which obviously would be on the basis of official records and further held that challenge to an order of measurement of land in presence of the parties does not warrant any interference by the writ court.
After hearing the parties and considering the
Patna High Court L.P.A No.238 of 2020 dt.26-08-2021 3/3 materials available on records this court does not find any error or infirmity in the order passed by the learned Single Judge requiring any interference by this Court.
There is no merit in the L.P.A. and is accordingly dismissed.
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