Rajender Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11844 of 2025 ====================================================== Rajender Rai S/o-Late Dhanik Lal Rai R/v-Tengraha, P.S.-Khanpur, DistrictSamstipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Land Settlement Officer, Samastipur. 3.

The Circle Officer, Khanpur, District-Samastipur. 4.

Rudal Ray S/o-Late Siyaram Ray R/V-Tengaraha, P.S. and Block-Khanpur, District-Samastipur.

5.

Suresh Ray S/o-Mahtu Ray R/V-Tengaraha, P.S. and Block-Khanpur, District-Samastipur.

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

For the Petitioner/s :

Mr. Ajay Kumar, Adv.

For the Respondent/s :

Mr. Kumar Samarjeet Singh (AC to SC-21) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2025 In the instant petition, the petitioner has prayed for following relief(s):- "That this is an application for issuance of the writ in the nature of Mandamus for direction to the respondent No. 3 to make fresh Measurement of the land under Encroachment of the petitioner Land in Mauza- Tengaraha, Thana No.-213, Khata No. 52, khesra no.-11, Block Khanpur, District-Samastipur and after measuring the Land, the encroachers should be directed to vacate the land given to the petitioner by the Settlement Officer Samastipur."

2. Learned counsel for the petitioner submits that land appertaining to Khata No. 52 Khesra No. 11 situated at Mauza

Patna High Court CWJC No.11844 of 2025(2) dt.24-07-2025 2/3 Tengaraha, Thana no.213, Block-Khanpur, District-Samastipur belongs to the petitioner. He further submits that petitioner was given 2 decimals of land by the Settlement Officer, DistrictSamastipur vide Wasgit Parcha No.7/2003-04, on which petitioner has been living since 2004 on a house appertaining to Khata no. 52, Kheshra no.11 situated at Mauza-Tengaraha, Thana no.213 Block-Khanpur, District-Samastipur. He further submits that the petitioner has limited grievance that he has represented before the Circle Officer, Khanpur by way of representations dated 10.03.2025 and 24.03.2025 that the petitioner's land has been encroached and he has prayed for vacating the land encroached by the others as is evident from Annexure-P/3 and Annexure-P/4 of the present writ petition as Wasgit Parcha No. 7 /2003-04 has already been issued in favour of the petitioner in respect of the aforesaid 2 decimals of land, but the same has not been decided by the concerned Circle Officer up-till-now.

3. Learned counsel for the State submits that if the petitioner files fresh representation raising his grievance before the Circle Officer, Khanpur, the same shall be looked into.

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

Patna High Court CWJC No.11844 of 2025(2) dt.24-07-2025 3/3 present writ petition is disposed of with liberty to the petitioner to file fresh representation before the competent authority for redressal of his grievance, which has been raised by the petitioner in the present writ petition, within a period of four weeks from the date of receipt of the order. If such representation is filed within the stipulated period, the concerned authority is directed to consider and dispose of the representation of the petitioner by giving him due opportunity of hearing as per provision of law expeditiously within a reasonable period of time, without being prejudiced by the order passed by this court.

(Alok Kumar Pandey, J) amitkumar/- U