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Patna High CourtCWJC/17783/2014disposed

Kusheshar Sah v. The State Of Bihar And ORS

2024-05-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17783 of 2014 ====================================================== Kusheshar Sah son of Late Mithan Sah resident of Village - Chainpur, Post - Nawabganj, P.S. Fulkaha, District - Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

4.

The District Collector, Araria.

5.

The Deputy Collector, Land and Reforms, Araria. 6.

The Superintendent of Police Araria.

7.

The Sub-Divisional Officer, Forbisganj, Araria. 8.

The Circle Officer Farbisganj , Araria.

9.

The Officer Incharge Police Station Farbisganj, District - Araria. 10.

Arvind Yadav son of Late Awadh Lal Yadav resident of Village - Chainpur, P.O. - Nawabganj, P.S. - Fulkaha, District - Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maya Shankar Mishra, Adv.

For the Respondent/s :

Mr.GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i). For issuance of a writ in the nature of mandamus directing and commanding the respondents to implement the order dated 10.11.2011 passed by the learned Court of Land Reform Deputy Collector forbesganj (Araria) in case no. 06G/11-12 whereby and whereunder direction was issued to Anchal Amin Forbesganj to demarcate the Land of petitioner as per

Patna High Court CWJC No.17783 of 2014(2) dt.15-05-2024 2/2 Chauhadi described in sale deed measuring 07 decimal and respondent no.10 was also directed to not make disturbance in process of execution of the aforesaid order made by Anchal Amin.

(ii) For issuance of direction upon the respondents to measure and demarcate the land of petitioner in view of order dated 10.11.2011 passed by the learned Court D.C.L.R. Forbesganj in case no. 06G/11-12 and also to deliver the possession of petitioner upon the said land."

2. At the outset, the learned counsel for the respondent-State submits, by referring to paragraph no.9 of the counter affidavit filed in the present case that the land in question was measured and thereafter, possession has been delivered to the petitioner.

3. The learned counsel for the petitioner submits that the present case be disposed off, however, liberty be granted to the petitioner to avail such other alternative remedies as are otherwise available under the law, in case of any subsisting grievances. Liberty so sought is granted.

4. Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U