Shankar Mandal @ Shankar Niresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6478 of 2023 ====================================================== Shankar Mandal @ Shankar Niresh Mandal Son of Late Nirsu Bhai, Resident of Village and P.O.- Phent, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Revenue and land Reforms Bihar, Patna.

2.

The Divisional Commissioner Darbhanga Division, Darbhanga. 3.

The District Magistrate-Cum-Collector Madhubani. 4.

The Superintendent of Police Madhubani.

5.

The Additional Collector Madhubani.

6.

The Sub-Divisional Office, Jai Nagar, District- Madhubani. 7.

The Sub-Divisional Police Officer Jai Nagar, District- Madhubani 8.

The Deputy Collector Land Reforms, Jai Nagar, District- Madhubani 9.

The Circle Officer Basopatti, District Madhubani. 10.

Ram Lochan Mandal Son of Ram Chandra Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani. 11.

Shivchandra Mandal Son of Ram Chandra Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani. 12.

Son of Ram Chandra Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani.

13.

Pulkit Mandal Son of Sita Ram Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani.

14.

Pramod Mandal Son of Pulkit Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani.

15.

Subodh Mandal Son of Pulkit Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani.

16.

Mukesh Mandal Son of Ram Narayan Mandal Resident of Village and P.OPhent, P.S.- Basopatti, District- Madhubani. 17.

Amresh Mandal Ram Narayan Mandal Resident of Village and P.O- Phent, P.S.- Basopatti, District- Madhubani.

18.

Golu Mandal Son of Ram Lochan Mandal Resident of Village and P.OPhent, P.S.- Basopatti, District- Madhubani. 19.

Roshan Mandal Son of Ram Lochan Mandal Resident of Village and P.OPhent, P.S.- Basopatti, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18.

Patna High Court CWJC No.6478 of 2023(3) dt.14-09-2023 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for seeking direction to the respondent no.6 (Deputy Collector, Land Reforms, Jai Nagar) to expedite the hearing of Application No.23 of 2022-23 filed by the petitioner on 27.07.2022 under Bihar Land Disputes Resolution Act, 2009.

3. Learned counsel for the petitioner submits that the petitioner had purchased a piece of land measuring 5 Katha 1 Dhur appertaining to Khata No.766, Khesra No.2008(old), 2778 new situated in Mauza Phent, P.S. Basopatti, District Madhubani through registered deed dated 06.11.1998. He further submits that petitioner is interested for measuring of the said land.

4. Learned counsel for the State raised preliminary objection and submits that once the petitioner has filed a case under Bihar Land Disputes Resolution Act, 2009 then question of measurement shall arise only after passing final order under the said act.

5. In this view of the matter, the petitioner is directed to appear and pursue his case i.e. Application No.23 of 2022-23 before the Deputy Collector, Land Reforms, Jai Nagar filed by

Patna High Court CWJC No.6478 of 2023(3) dt.14-09-2023 3/3 him under Bihar Land Disputes Resolution Act, 2009. Upon disposal of the said case, he shall be at liberty to file application for measurement also.

6. With this direction, the present Writ Petition stands disposed off.

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