Shambhu Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20867 of 2014 ====================================================== Shambhu Prasad Singh Son of Late Devendra Narayan Singh Resident of Village - Jhanjharpur, Ward No. 10, Purani Bazar Post Office - Jhanjharpur, Police Station - Jhajharpur, District - Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate - Cum - Collector, District - Madhubani 3.

The Sub-Divisional Officer, Jhanjharpur, District - Madhubani 4.

The D.C.L.R., Jhanjharpur, District - Madhubani 5.

The Circle Officer, Jhanjharpur, District -Madhubani 6.

The Officer - in - Charge, Jhanjharpur, District - Madhubani 7.

Radhey Prasad Yadav, Anchal Amin, Anchal - Jhanjharpur, District - Madhubani 8.

Sushil Prasad Singh @ Sushil Kumar Singh 9.

Kailash Kumar Singh 10.

Prabhash Kumar Singh All the three sons of Late Devendra Narayan Singh All are Residence of Village - Jhanjharpur, Ward No. 10, Purani Bazar, P.O. and P.S. - Jhanjharpur, District - Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Adv.

For the Respondent/s :

Mr. Vikramadit, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present writ application has been filed for measurement over the land bearing Kheshra No. 4330, total Rakba 3 Bigha 7 Kattha 19 Dhur, out of whom, 1⁄4 Aana i.e. 15 Katha 181⁄2 Dhur belonging to petitioner's share. Like the same Kheshra No. 4331, total Rakba 2 Bigha 11 Kattha 16 Dhur, out

Patna High Court CWJC No.20867 of 2014(2) dt.05-07-2023 2/2 of whom, 1⁄4 Aana i.e. 12 Katha 16 Dhur land belonging to petitioner's share for which the petitioner has filed an application for measurement over the land in question before the Circle Officer, Jhanjharpur, District- Madhubani. Learned counsel for the petitioner submits that under the different authorities, the measurement has taken place twice in this matter but different report has come. Learned counsel for the State submits that power of measurement has been vested in the competent authority under law.

Petitioner is free to file application for demarcation before the various authorities. There is no bar in filing application repeatedly. He is free to do so. Upon payment of money, he may file for fresh measurement.

With this direction, the present writ application stands disposed off.

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