Sikandar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17232 of 2019 ====================================================== Sikandar Singh S/o Late Lakhan Singh, resident of village- Jian Khurd, P.O.- Aima Bishunpur, P.s.- Karja, Anchal- Marwan, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Muzaffarpur 2.

The District Magistrate-cum-Collector Distt.- Muzaffarpur 3.

The D.C.L.R. West Muzaffarpur, Distt.- Muzaffarpur 4.

The Sub Divisional Officer West Muzaffarpur, Distt.- Muzaffarpur 5.

The Circle Officer Marwan, Distt.- Muzaffarpur 6.

The Circle Officer Kanti, Distt.- Muzaffarpur 7.

Nabi Hasan S/o Late Ahmed Kudus @ Late Md. Khudus Vill.- Jiankhurd, P.S.- Karja, Distt.- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC25 ) Ms. Prakritita, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 26-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, the petitioner is seeking a relief against the respondent no.7 making a complaint that the land pertaining to Old Khata No.268, Old Khesra No.451/3325, Area 13 decimal, New Khata No.107, Khesra No.466 which is meant for public road has been encroached by the respondent no.7.

Patna High Court CWJC No.17232 of 2019 dt.26-08-2019 2/2 During the argument, counsel for the petitioner submits that this land was recorded as 'Gairmazarua Sarak' in the old cadestral survey, but in the revisional survey, it has been recorded in favour of the respondent no.7.

So long the entry made in favour of the respondent no.7 is standing, it is very difficult for this Court to give any direction for taking any action against the respondent no.7 treating him an illegal occupant of the land and to start encroachment proceeding. If the petitioner so sanguine, he can take step for proper legal remedy for correction of the Jamabandi, which is standing in the name of the respondent no.7. If any application is filed by the petitioner before the competent authority, then the Authority will dispose of the same expeditiously.

With this observations and directions, this application stands disposed of.

(Shivaji Pandey, J) ( Partha Sarthy, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 29.08.2019 Transmission Date N.A.