Murari Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10513 of 2024 ====================================================== Murari Mishra, Son of Late Prahalad Mishra, Resident of village-Naraipur, P.S. Bagaha, District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, West Champaran at Bettiah.

2.

The Sub-Divisional officer, Bagaha, District-West Champaran. 3.

The Land Reforms Deputy Collector, Bagaha, District- West Champaran. 4.

The Anchal Adhikari, Bagaha-2, District-West Champaran. 5.

The Circle Inspector, Bagaha-2, District-West Champaran. 6.

The Halka Karamchari, Halka No. 26 Anchal Bagaha-2, District-West Champaran.

7.

The Anchal Amin, Anchal-Bagaha-2, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithvi Nath Mishra, Advocate For the Respondent/s :

Mr. Government Pleader 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-07-2024 Heard learned Advocate for the petitioner and the learned Government Advocate.

2. The petitioner by invoking the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondent no. 4 to dispose of the demarcation case no. 09/2019-20.

3. Learned Advocate for the petitioner contended that the petitioner has been coming in peaceful possession over the land in question but some of the neighbors have encroached upon the petitioner's land and in order to settle the dispute an application has been filed for demarcation of the land. Despite

Patna High Court CWJC No.10513 of 2024(2) dt.15-07-2024 2/2 the proceeding being initiated way back in the year 2019-20, till date it has not brought to its logical conclusion is the contention of the petitioner.

4. On the other hand, learned Advocate for the State submitted that the dispute prima facie appears to be private in nature between two persons and the petitioner has already raised a grievance before the Public Grievance Redressal Authority wherein direction has been issued to the Circle Officer to consider the claim of the petitioner; copy of the order is marked as Annexure -3.

5. Having heard the rival submissions, this Court finds that the demarcation case no. 09/2019-20 is pending consideration for the last 3-4 years and in any view of the matter it must bring to its logical conclusion.

6. The writ petition stands disposed of with a direction to the Circle Officer to expedite the matter and conclude the demarcation case in accordance with law preferably within a period of 12 weeks from the date of receipt/production of a copy of this order.

(Harish Kumar, J) supratim/- U