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Patna High CourtCWJC/5053/2023disposed

Anil Kumar Mishra v. The State Of Bihar

2023-08-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5053 of 2023 ====================================================== Anil Kumar Mishra Son of Radha Kant Mishra, residence of VillageEnayatpur (Mohanpur Panchayat) Police Station-Nswhatta, District-Saharsa. Presently residing at Lovely Anand Path, P.S. and District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

2.

The District Magistrate, Saharsa.

3.

The Deputy Collector, Saharsa.

4.

The Sub-Divisional Officer, Saharsa.

5.

The Circle Officer, Nawhatta, Saharsa.

6.

The Panchayat Secretary, Mohanpur Panchayat, Nawhatta, Saharsa. 7.

Rajesh Ranjan Jha @ Baua Jha, son of Indu Shekhar Jha, R/v-Enayatpur (Mohanpur Panchayat) P.S.-Nawhatta, Distt.-Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Adv.

For the Respondent/s :

Mr. Vinay Kirti Singh, ( GA- 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2023 Counsel for the petitioner and counsel for the State are present.

2. The present writ petition has been filed for directing the petitioner to measure the Khatiyani land of the petitioner.

3. Learned counsel for the petitioner submits that the requisite court fee and application have already been deposited in the Anchal but the land of the petitioner has not been measured till date.

Patna High Court CWJC No.5053 of 2023(2) dt.17-08-2023 2/2

4. Counsel for the State submits that when payment of measurement has been made then the Circle Officer is bound to measure the land.

5. In this view of the matter, the Circle Officer, Nawhatta, Saharsa is directed to measure the land of the petitioner in the light of Rule No.23 of the Tenancy Rule under Bihar Land Tribunal Act, 2009 (Bihar Act 9 of 2009) within 6 weeks from the production of the order.

6. With the aforesaid direction, this writ petition is hereby disposed off.

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