Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20638 of 2013 ======================================================

1. Sanjay Kumar Son Of Vidya Nand Prasad Resident Of Village - Saraiya, P.S. - Chautham, District - Khagaria, Bihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Khagaria

3. The Sub-Divisional Officer, Khagaria

4. The Circle Officer, Chautham, Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Singh For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-06-2016 Heard the counsel for the petitioner. No one has appeared on behalf of the State.

The petitioner owns land detailed in para 1. With a view to construct an agricultural godown thereon, he requested the respondent Sub Divisional Officer/Circle Officer for providing Government Amin inasmuch as a sum of Rs. 950/- was also deposited with the respondents. From Annexure-7, it appears that the Circle Officer fixed dates for measurement of the land and issued notice to the parties.

The grievance is that till date the Govt. Amin has not been made available and the measurement has not been completed although a proceeding in this regard vide Measurement

Patna High Court CWJC No.20638 of 2013 (2) dt.24-06-2016 2/2 case no. 8 of 2013-14 was initiated by the Circle Officer in which few dates were fixed.

If the respondents have accepted the fee for getting the land of the petitioner measured by the Govt. Amin then, in my view, the respondent would be highly unjustified in not providing the service of the Anchal Amin for such measurement. The Circle Officer has already registered a proceeding in this regard. Obviously, the same was initiated to provide an opportunity of hearing to the parties concerned. However, the fact of the matter is that till date, according to the petitioner, the measurement of his land has not been made. The Court directs the Circle Officer to take up the measurement case no. 8 of 2013-14 and pass appropriate orders therein to provide Government Amin for measurement of the land of the petitioner, if not already done, as quickly as possible preferably within 04 weeks from the date of receipt/production of a copy of this order before the Circle Officer.

(Kishore Kumar Mandal, J) Shyam/- U