Hareram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.284 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== HARERAM KUMAR Son of Ram Binay Singh Resident of Village - Daudpur Kalpa, Police Station - Jehanabad, District - Jehanabad. ... ... Petitioner/s
Versus
1.
The state of BIhar 2.
The District Magistrate cum Collector, Jehanabad. Bihar. 3.
The Additional Collector, Jehanabad. Bihar 4.
The Sub Divisonal officer, Jehanabad. Bihar 5.
The D.C.L.R. officer, Jehanabad Bihar 6.
The Circle Officer, Sadar Circle District Jehanabad. Bihar 7.
Shankar Singh Son of Late Ramdular Singh Resident of Village - Daudpur, P.O. Kalpa, Pollice Station - Jehanabad (Kalpa O.P.), District - Jehanabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Prerna Anand For the Respondent/s :
Mr. Majid M. Khan, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-06-2023 Heard learned Counsel for the parties concerned. Learned Counsel for the petitioner has filed t6he present writ application for the following relief:- (i) For issuance of writ in the nature of certiorari or any other appropriate writ for commanding the Respondent No 6, Circle Officer, Sadar, and Respondent No. 7, to produce entire records of Measurement Case wherein it is proposed to measurement of Plot pertaining to Mauza-Daudpur,
Patna High Court CR. WJC No.284 of 2021(2) dt.21-06-2023 2/3 Khata No. 51, Kheshra No. 836, Area 13 decimal and further be pleased to quash the same.
(ii) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent authorities to take appropriate action specially against the respondent No. 6, circle officer, Sadar Jehanabad, and the officer-in-charge, Town Police Station-Jehanabad, for taking law in hands and forcibly dispossessing the peaceful possession of the Petitioner.
(iii) For issuance of writ in the nature of mandamus or any other appropriate writ for directing the respondent authorities to lodge the First Information Report on the application of the Petitioner and arrest the accused persons who were involved in dispossessing the Petitioner demolishing the Pucca Piller of the Petitioner.
(iv) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent authorities to restore the possession of the Petitioner upon the land in question.
However, learned Counsel for the petitioner has
Patna High Court CR. WJC No.284 of 2021(2) dt.21-06-2023 3/3 confined his prayer for measurement/demarcation of his raiyati land, the details of which has been mentioned in paragraph 4 of this application.
A rule called 'Bihar Tenancy (Amendment) Rules, 2018' has been framed under Section 189 of the Bihar Tenancy Act, 1885, which came into force with effect from 13th February, 2018, prescribes procedure for measurement of the raiyati land. Accordingly, this application is disposed with liberty to the petitioner to file an appropriate application, along with the Amin fee, before the Circle Officer, Sadar, Jehanabad, as per the Rules, 2018 and upon filing of such application, the Circle Officer, Sadar, Jehanabad, is directed to redress the grievance of the petitioner in accordance with the Rules, 2018, within the stipulated time frame mentioned therein.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √