Latonah Parish Society v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8645 of 2024 ====================================================== Latonah Parish Society represented through its Secretary Ranjeet Joseph, aged about 38 years, Male, S/o- Joseph Thakur, R/o- Ward No. 4, Chhatarul, Chakni, West Champaran, Bihar- 845101.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The District Magistrate cum Collector, Supaul. 3.
The Sub-Divisional Magistrate, Birpur, Supaul. 4.
The Sub-Divisional Police Officer, Birpur.
5.
The Circle Officer, Basantpur, Birpur, Distt.- Supaul. 6.
The Station House Officer (SHO), Basantpur, Birpur, Distt.- Supaul. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Roona, Advocate For the State :
Mrs.Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2024
1. The present writ petition has been filed seeking the following relief(s):- "1(i) For Issuance of an appropriate writ/ order commanding the respondent Circle Officer, Basantpur to demarcate the land of the Petitioner situated at Khata No. 13, Rakba 2 bigha, Kheshra No. 713 (old), 591, 592, 593 (new), Circle Basantpur, District- Supaul.
(ii) For Issuance of an order direction оr appropriate writ commanding the respondents to provide adequate security so that the fencing work of the church land in question and construction of the boundary wall is not obstructed by unauthorized persons.
(iii) For a direction upon the respondents to take
Patna High Court CWJC No.8645 of 2024(2) dt.27-06-2024 2/3 legal action against those who are causing hindrance in construction of boundary wall of the church land in question.
(iv) For a direction upon the respondents to provide safety and security to the female religious sisters who perform prayer in the Church and whose safety and security has been compromised by the acts of miscreants who are creating obstruction in completing the boundary wall of the church land."
2. At the outset, the learned counsel for the petitioner submits that the petitioner be granted liberty to file appropriate application, before the Circle Officer, Basantpur, Birpur, DistrictSupaul, i.e. the respondent no.5 for demarcation of the land in question and the application, filed by the petitioner, before the SubDivisional Magistrate, Birpur, Supaul on 12.03.2018 (annexure-3 to the present writ petition) be directed to be disposed off, within a stipulated time frame.
3. The learned counsel for the respondents submits that in case the petitioner files an application for demarcation of the land in question, and if any petition, filed by the petitoner is pending consideration, the same shall definitely be taken care of, in accordance with law.
4. Having regard to the facts and circumstances of the case, while directing the Sub-Divisional Magistrate, Birpur,
Patna High Court CWJC No.8645 of 2024(2) dt.27-06-2024 3/3 Supaul to dispose off the pending application of the petitioner dated 12.03.2018, within a period of six weeks of receipt/production of a copy of this order, I deem it fit and proper to grant liberty to the petitioner to file appropriate petition for demarcation of its land, before the Circle Officer, Basantpur, Birpur, District-Supaul and in case such a petition is filed, within a period of four weeks from today, the same shall be dealt with, in accordance with law and appropriate action shall be taken thereupon, within a period of four weeks, thereafter.
5. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/- U