Jitan Yadav @ Jag Jitan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6904 of 2020 ====================================================== Jitan Yadav @ Jag Jitan Yadav S/o- Mandhir Yadav R/o Vill and P.O.- Keshopur, P.S.- Simari, District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reform and Revenue Department, Govt. of Bihar, Patna.

2.

The Director General of Police Bihar, Patna.

3.

The District Collector, Buxar.

4.

The Sub- Divisional Officer, Dumarow.

5.

The Circle Officer Simari, Buxar.

6.

The Block Department Officer Simari, Buxar.

7.

The Superintendent of Police, Dumarow, Buxar. 8.

The S.H.O. O.P Tilak Rai Ka Hata Police Station, Simari, Buxar. 9.

Tilak Rai Ka Hata Police Station, Simari, Buxar. 10.

Dhan Kumari Devi W/o- Surendra Yadav R/o Vill- Keshopur, P.S.- Simari, District- Buxar.

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

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Respondent/s :

Mr.Sagir Salim Khan, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Sagir Salim Khan, the learned counsel appearing for the State.

The present writ petition has been filed for directing the respondents to get the land of the petitioner bearing

Patna High Court CWJC No.6904 of 2020(2) dt.02-07-2020 2/2 Khata no. 55, Kheshra no. 629, area .3 katha, which is in illegal possession of the private respondent no.10, restored to the petitioner herein, after evicting the private respondent no. 10. The writ petitioner has further sought a direction on the Circle Officer, Simri to make measurement and mark the land of the petitioner, for which the petitioner has already deposited measurement fee.

At the outset, the learned counsel for the petitioner, appreciating the observation of the Court to the effect that a land dispute, in between two private parties, can only be adjudicated by the competent court having appropriate civil jurisdiction and in such matters, writ petition is not maintainable, seeks to withdraw the present writ petition with liberty to approach the Circle Officer, Simri, Buxar for the purposes of measurement and marking of his land.

Accordingly, the present writ petition stands disposed of as withdrawn however, with the aforesaid liberty to the petitioner to approach the Circle Officer, Simri, Buxar for the purposes of measurement and marking of his land. (Mohit Kumar Shah, J) Tiwary/- U