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Patna High CourtCWJC/14529/2025disposed

Pankaj Kumar @ Pankaj Kumar Mishra v. The State Of Bihar

2025-09-16Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14529 of 2025 ====================================================== Pankaj Kumar @ Pankaj Kumar Mishra S/o- Late Vijay Kumar Mishra @ Mirchaiya Baba, R/o Village/Mohalla- Gaurichak, P.S- Sampatchak, DistrictPatna, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principle Secretary Department of Land Reform and Revenue Govt. of Bihar, Patna.

2.

The Divisional Commissioner Patna Division, Patna. 3.

The District Magistrate, Patna.

4.

The Deputy Collector Land Reforms, Patna.

5.

The SDO, Patna.

6.

The Circle Officer, Phulwarisharif, Patna.

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

For the Petitioner/s :

Md. Waliur Rahman, Advocate For the Respondent/s :

Mr.Addl. Advocate General- 04 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard Md. Waliur Rahman, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

(i) for direction upon the respondent authority to consider my representation dated 26.05.2025 and dispose of or pass an appropriate order in its true spirit and further demark the land pertaining Jamabandi No.1796 of Mauza Jaganpura, Thana no. 26, Khata no 153, Khesra-

Patna High Court CWJC No.14529 of 2025(2) dt.16-09-2025 2/3 1188/1390, area 0.13 dismal;

(ii) further also set aside the order dated 26.06.2025 which passed in demarcation case no 810/ 2025-26 passed by CO Phulwarisharif Patna, whereby the CO, Phulwarisharif drop the proceeding without appreciating the report dated 16.06.2025 as forwarded the Anchal Ameen in its true spirit because of the fact the Anchal Ameen has requested in his report that a report of revenue Kramchari and deployment of force is required for demarcation of the land of the petitioner;

(iii) further direct the CO, Phulwari, Patna to act in accordance with law and pursuant to the requirement of the anchal amin after setting aside the order dated 26.06.2025 to meet the legitimate prayer of the petitioner pertaining to Jambandi no. 1796, Khata no.

153, Khesra-1188/1390 and an Area 13 decimal;

(iv) to pass such order or orders which deem

Patna High Court CWJC No.14529 of 2025(2) dt.16-09-2025 3/3 fit and proper in the fact and circumstances of the case.

3. The petitioner has moved this Court with a simple prayer, to direct the respondent no.6, the Circle Officer, Phulwarisharif, Patna to accept the fee and get the land measured.

4. Learned State counsel submits that for a proper appreciation, if the fresh petition is preferred alongwith requisite fee, appropriate steps shall be taken.

5. In that background, the writ petition is disposed of allowing the petitioner to approach the respondent no.6, the Circle Officer, Phulwarisharif, Patna in next two weeks alongwith all the documents/requisite fee.

6. If the same is done in two weeks, the Circle Officer, Phulwarisharif, Patna is duty bound to look into the matter and after noticing the parties, get the land measured and dispose it of within a period of two months from the date, the petition is received before it.

(Rajiv Roy, J) Ravi/- U