Naresh Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12880 of 2015 ====================================================== Naresh Mishra Son of late Ramakant mishra resident of Village Baghaul, P.s Baheri, District Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The DCLR, sadar Darbhanga,District Darbhanga. 3.

The Anchal Adhikari, Baheri Block, district Darbhanga. 4.

The officer In Charge, Baheri, Ps. District Darbhanga. 5.

Yogendra Jha Son of Late Shovi Jha resident of Village Baghaul,. P.s Baheri, District Darbhanga.

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

For the Petitioner/s :

Mr. Ram Bali Jha, Advocate For the Respondent/s :

Mr. Sita Ram Yadav, GP-16 :

Mr. Rakesh Kumar Shrivastava, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

(A) A writ certiorari for quashing the act of the respondents by which act the respondents have not making measurement of the lands in question and respondent no. 6 has got making obstruction in measurement for fixation of boundary of the land in question to the Amin appointed by the Anchala Adhikari Baheri Block, who is not taking action against the respondent no. matter

6. The is subjudiced since 2012 before the Anchala Adhikari Baheri respondent No. 3. The petitioner has put to irreparable loss and injury

Patna High Court CWJC No.12880 of 2015(2) dt.08-07-2025 2/3 due to ill act of the respondents. Thus act of the respondent is illegal, arbitrary unconstitutional which should be quashed out right.

(B) A writ of mandamus directing the respondents to make measurement for fixation of boundary of the land in question, which is pending since 2012 before the Anchala Adhikari Baheri respondent No. 3.

(C) A writ of mandamus directing the respondent to do not make obstruction in making measurement for fixation of boundary of the land in question.

(D) A writ of mandamus directing the respondents to pay 50,000/- fifty thousand rupees to the petitioner as he has spent the amount in this litigation and for mental torture and agony.

(E) Any other relief or reliefs for which the petitioner is entitled too.

3. The petitioner moved before this Court to ensure that the measurement of the land takes place in the presence of the official respondents.

4. The matter relates to a piece of land bearing Khata No. 790, Khesara No. 7134 (Area 6 Kattha 15 Dhur) in the Village Parmanandpur under Baheri Police Station in the

Patna High Court CWJC No.12880 of 2015(2) dt.08-07-2025 3/3 District of Darbhanga. The claim is that the respondent no. 5, Yogendra Jha is putting spoke in the wheels.

5. A counter affidavit duly served upon the petitioner on behalf of the respondent no. 1 to 3 is on record and learned State counsel has taken this Court to the report submitted by the Revenue Officer dated 16.05.2016 which bore the signature of the petitioner and the second party, Sushil Kumar Jha according to which, in the presence of the villagers, the measurement was done peacefully and the marking pillar was also fixed at the places.

6. As recorded above, the said report bore signature of both the parties including the petitioner, Naresh Mishra dated 16.05.2016. In that background, nothing remains. If the petitioner is still aggrieved, the route to his case is the competent civil court.

7. The writ petition stands disposed of.

8. Interlocutory Application, if any, pending stands disposed of.

(Rajiv Roy, J) vinayak/- U