Raju Srivastav v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15914 of 2024 ====================================================== Raju Srivastav Son of Omprakash Srivastava Resident of Village- Sohil Chhapra, Ward No. 11, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector, East Champaran at Motihari.

3.

The Sub-Divisional Officer, Motihari Sadar, District- East Champaran. 4.

The Circle Officer, Turkauliya Circle, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 Mr. Arya Achint, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-10-2024

1. Heard learned counsel for the petitioner and learned AC to AAG-13.

2. Learned counsel for the petitioner submits that the instant writ application has been filed for a direction upon the respondent-authorities to demarcate the land of the petitioner after proper measurement pertaining to Thana No. 100, Khata No. 396, Khesra No. 2274, Area 3 dhur and Khata No. 327, Khesra No. 2275, Area 3 dhur, Khata No. 400, Khesra No. 2276, Area 3 dhur.

3. Learned counsel for the petitioner without going into the merits of the case draws the attention of the Court to Annexure-4 to the writ application which order is contained in

Patna High Court CWJC No.15914 of 2024(2) dt.22-10-2024 2/3 Memo No. 502, dated 14.06.2024 issued by the Circle Officer, Turkauliya, East Champaran wherein it is recorded that in view of the report of the Anchal Amin the measurement of the land could not be done as it was reported that chances of dispute in between the parties is imminent as such, police force was required, thereafter the date of measurement was fixed for 21.06.2024 for measuring the land in presence of the police force. It is further submitted that the land could not be measured on the date fixed i.e. 21.06.2024 as would manifest from Memo No. 712, dated 19.08.2024 issued by the Circle Officer wherein he has recorded that the Anchal Amin had reported that during the time of measurement a dispute may arise between the contesting parties, as such, in absence of police force it would not be possible to measure the land.

4. Learned counsel appearing on behalf of the State submits that from perusal of Annexures 4 and 5 to the writ application, it manifests that the Circle Officer could not measure the land in absence of the police force on the apprehension that during measurement, a dispute may arise between the contesting parties, as such, submits that he will inform the concerned authority of the police to ensure that the force is provided for measuring the land.

Patna High Court CWJC No.15914 of 2024(2) dt.22-10-2024 3/3

5. After considering the submissions made by the learned counsel for the parties, the writ application is disposed of with a direction to the Circle Officer, Turkauliya, East Champaran to ensure that the land of the petitioner is measured within a period of ten weeks from the date of receipt/production of a copy of this order.

(Satyavrat Verma, J) Kundan/- U