Avinash Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12933 of 2025 ====================================================== Avinash Chaudhary Son of Late Hakim Cahudhary, Resident of VillageChhajan Harishankar West, Ward No. 10, P.S.- Turki, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate, Muzaffarpur. 2.
The District Magistrate, Muzaffarpur.
3.
The Sub Divisional Officer (West), Muzaffarpur. 4.
The Circle Officer, Kurhani, District- Muzaffarpur. 5.
Satyendra Chaudhary, Son of Ramashankar Chaudhary, Resident of VillageChhajan Hari Shankar (West), P.S.- Turki, District Muzaffarpur. 6.
Shashi Bhushan Chaudhary, Son of Shashi Bhushan Chaudhary, Resident of Village- Chhajan Hari Shankar (West), P.S.- Turki, District Muzaffarpur. 7.
Vikash Kumar Son of Shashi Bhushan Chaudhary, Resident of VillageChhajan Hari Shankar (West), P.S.- Turki, District Muzaffarpur. 8.
Sharad Kumar, Son of Shadhi Bhushan Chaudhary, Resident of VillageChhajan Hari Shankar (West), P.S.- Turki, District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukund Mohan Jha, Adv.
For the Respondent/s :
Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2025 Heard Mr. Mukund Mohan Jha, learned counsel for the petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.
2. The present writ petition has been preferred for the following relief(s):
for issuance of an appropriate writ in the nature of Mandamus for direction upon the respondent to fix a date for measurement of piece of land vide Khata No.
251, kheshra No. 11244 & 11245 area 24 decimal, Mauja - Chhajan by the
Patna High Court CWJC No.12933 of 2025(2) dt.18-08-2025 2/3 Government Amin and the measurement shall be done in presence of the police official/administrative officer.
3. Learned counsel for the petitioner straightway has taken this Court to Annexure-P/5 to show that a proper petition with requisite fee was submitted before the respondent no. 4, the Circle Officer, Kurhani but for the reasons best known to him, it has not been taken to its logical conclusion.
4. Learned State Counsel submits that if the same has still not been completed, shall be taken to its logical conclusion at an earliest.
5. This Court is perturbed by the attitude of the respondent authorities. A proper petition along with requisite fee was paid in the month of March 2025 and the subsequent document clearly show that his application was successfully submitted to the Circle Officer.
6. Even thereafter, he has to approach the Patna High Court and in that background, this Court is of the opinion as to why the amount that has been invested by the petitioner in filing a writ petition be not realized from the pocket of the Circle Officer who sat over the matter. However, learned State Counsel submits that he shall act immediately in the matter.
7. Accepting the words of the learned State Counsel,
Patna High Court CWJC No.12933 of 2025(2) dt.18-08-2025 3/3 the writ petition is disposed of allowing the concerned respondent, Circle Officer, Kurhani, Muzaffarpur to act immediately and after noticing the parties, shall measure the land within a period of eight weeks from the day, the order is handed over to him failing which he will be liable to face the contempt proceeding.
8. The order has been passed under the premise that he has still not taken the decision pursuant to the application preferred by the petitioner along with requisite fees on 28.03.2025.
9. The writ petition is disposed of.
(Rajiv Roy, J) Vijay Singh/- U