Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16681 of 2022 ====================================================== Sanjay Kumar S/o Late Baliram Sharma, Resident of Village- Shahpur, Block Jehanabad P.S. Pinjour (O.P.), District- Jehanabad. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Secretary Revenue and Land Reform Department, Bihar, Patna.
2.
The District Magistrate, Jehanabad.
3.
The Chairman District Board, Jehanabad.
4.
The S.D.O., Jehanabad.
5.
The Circle Officer, Anchal Jehanabad, District- Jehanabad. 6.
Ashok Singh S/o Mukul Ram, Resident of Village- Shahpur, P.O. Pinjaur, P.S.- Pinjaur (O.P.) District- Jehanabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad For the Respondent/s :
Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the intervenor.
2. The petitioner has been labelled as encroacher on the government land on the basis of the measurement of the land which was done behind his back. It is also apparent that there is no map annexed with the measurement report. This kind of measurement report is no report in the eyes of law.
3. In view of the above, this application is allowed.
4. The circle Officer, Jehanabad is directed to fix a
Patna High Court CWJC No.16681 of 2022(4) dt.04-01-2024 2/2 date for measurement of the land and inform the petitioner so that the petitioner may also be present at the time of measurement. The measurement must be done scientifically and the field book etc. must be prepared.
5. The petitioner is also given liberty to take his own Survey Knowing Pleader Commissioner at the time of measurement thereafter the authorities will proceed in accordance with law for removal of any alleged encroachment.
6. The aforesaid exercise must be done within a month from the date of communication of a copy of this order.
7. Let a copy of the order be communicated to the District Magistrate, Jehanabad through FAX/e-mail forthwith for compliance of the order.
(Sandeep Kumar, J) Saif/- U