Sambhu Saw @ Sambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14134 of 2024 ====================================================== Sambhu Saw @ Sambhu Sah, S/o Ramchan Shaw @ Ramchandra Sah, Permanent Resident of Village- Sherathua, Post Office Sherathua, Police Station Mukhdumpur, District Jehanabad Bihar, At Present Rajballav Saha Lane, MD Hospital VTC Howrah District-Howrah West Bengal Pin Code711101. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, Bihar. 3.

The Secretary Revenue and Land Reforms Department, Government of Bihar, Patna, Bihar.

4.

The Divisional Commissioner Patna Bihar, 5.

The Collector Cum District Magistrate Jehanabad, Bihar. 6.

The Additional District Magistrate (Revenue), Jehanabad Bihar. 7.

The Deputy Collector Land Jehanabad, Bihar.

8.

The Circle Officer Kako, Jehanabad Bihar.

9.

The Revenue Karamchari Kako (In Charge Revenue Village Neyazipur) Kako Circle Jehanabad.

10.

The Superintendent of Police Jehanabad.

11.

The Station House Officer Kako Jehanabad.

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Respondent/s :

Ms. Anuradha Singh, S.C.-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-09-2024 Heard Mr. Manish Kumar No. 13, learned Advocate for the petitioner and Ms. Anuradha Singh, learned Standing Counsel No. 21.

2. The grievance of the petitioner is only confined to expeditious disposal of demarcation/measurement petition with

Patna High Court CWJC No.14134 of 2024(2) dt.19-09-2024 2/3 respect to the land in question filed by the petitioner under Rule 23(2) and 23(3) of Bihar Tenancy (Amendment) Rules, 2018 which is pending before the respondent no. 8( The Circle Officer Kako, Jehanabad, Bihar) since long.

3. Learned Advocate for the petitioner contended that the aforesaid petition was filed on 15.06.2024 through online and in view of the statutory rules specially Sub Rule 2(1) of Rule 23 under the Bihar Tenancy (Amendment) Rules, 2018, the same may be disposed of within sixty working days from the date of deposit of amin fee. Referring thereto, learned Advocate for the petitioner contended that irrespective of the fact that the matter is pending since long, neither he has been asked to deposit the amin fee, nor the amin has been deputed.

4. Learned Advocate for the State submitted that the concerned Circle Officer is the competent authority who shall look into the matter and dispose of the petition by making proper measurement of the land.

5. Regard being had to the submissions made on behalf of learned Advocate for the respective parties and considering the nature of grievance, the writ petition stands disposed off with a direction to the respondent no. 8 to take up the demarcation/measurement petition of the petitioner and

Patna High Court CWJC No.14134 of 2024(2) dt.19-09-2024 3/3 dispose of the same in accordance with the amended rule within the statutory period prescribed therein.

6. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U