Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10855 of 2025 ====================================================== Sumant Kumar S/o Late Ashok Kumar Singh @ Ashok Singh Resident of Village and P.O.-Dighwara, P.S.-Dighwara, District- Saran, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Saran.

3.

The Additional Collector, Saran.

4.

The Deputy Collector Land Reform, Dighwara, Saran. 5.

The Sub Divisional Officer, Sonpur, Saran.

6.

The Circle Officer (CO), Dighwara, Saran.

7.

The Station House Officer, Dughwara Police Station, Saran. 8.

Bachcha Singh S/o Late Deonath Singh Resident of Village and P.O.- Dighwara, P.S.-Dighwara, District-Saran, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitesh Kumar For the State :

Mr. Silaam Yadav Mr. Yatindra Narayan A.C to G.P-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-07-2025 In the instant petition, petitioner has prayed for the following relief:-

1. That the present writ application is being filed for the following order/orders and relief/reliefs:

i. For issuance of writ in the nature of mandamus commanding the Respondent authorities to consider the representation of the petitioner and pass appropriate order in favour of the petitioner enabling him to construct the boundary wall on his land and for removal of boring which has been done by respondent no. 8 on the one and

Patna High Court CWJC No.10855 of 2025(2) dt.14-07-2025 2/3 only way of petitioner which has been left for his personal use connecting the main road.

ii. For grant of any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.

2. Learned counsel for the petitioner submits that dispute relates to the land bearing Khata No. 503, Khesra No. 2509, area 1 Katha 4 dhur situated in Mauza-Dighwara, DistrictSaran, which was partitioned amicably among three co-sharers namely Ashok Kumar Singh (father of the petitioner), Krishna Devi and Kumar Arun Singh on 15.10.2020 whereby each party received 8 dhur. It was further decided that all parties shall leave 4 feet each towards the western boundary for a common passage. The settlement was congenial and peaceful. Learned counsel for the petitioner has submitted that he has represented before Superintendent of Police, Saran and copy of which has already been forwarded to the other authority including Circle Officer,Dighwara, which is annexure-P/15. He has submitted that his representation has not been decided as yet.

3. Learned counsel on behalf of State has submitted that if petitioner represents his grievance afresh before Circle Officer, the Circle Officer will look into the matter.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the

Patna High Court CWJC No.10855 of 2025(2) dt.14-07-2025 3/3 present petition is disposed of with direction to the petitioner to raise his grievance before competent authority within a period of four weeks from the date of receipt of this order. If the petitioner raises his grievance before the concerned authority by filing representation within stipulated period, the competent authority shall pass appropriate order on the representation of the petitioner preferably within six months from the date of filing of representation, in accordance with law, after giving due opportunity of hearing to the parties concerned. (Alok Kumar Pandey, J) vashudha/- U