Priti Sandhya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15602 of 2023 ====================================================== Priti Sandhya w/o Sri Santosh Kumar, Resident of Village- Nurmohiuddinpur, Post- Punpun, P.S- Parsa Bazar, District- Patna, Pin Code- 804453. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principle Secretary, Revenue and Land Reforms, Govt. of Bihar.

2.

The District Magistrate-Cum- Collector, Patna. 3.

The Additional Collector, Patna.

4.

The Sub-divisional Magistrate, Patna.

5.

The Deputy Collector, Land Reforms, Patna Sadar. 6.

The Circle Officer, Fulwari Sharif, District- Patna. 7.

Birendra Kumar Sinha s/o Late Sarvdeo Singh, Resident of VillageShivnagar, Nurmoiuddinpur, Post- Punpun, P.S- Parsa Bazar, District- Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-11-2023 Heard the learned counsel for the parties.

2. The Circle Officer, Fulwari Sharif has appeared.

3. It has been submitted by the The Circle Officer, Fulwari Sharif that order dated 08.05.2023 passed in Encroachment Case No. 21 of 2019-20 has been set aside and the matter is remitted back for fresh consideration.

4. It has been submitted on behalf of the State that the fresh consideration will be done after hearing all the parties and after getting the land measured properly.

5. The petitioner has apprehension about proper

Patna High Court CWJC No.15602 of 2023(3) dt.30-11-2023 2/2 measurement of the land and therefore, he prays that he may be allowed to take his own Amin/Servey Knowing Advocate Commissioner who can assist the government Amin in the scientific measurement after finding the fix point.

6. The Circle Officer, Fulwari Sharif agrees to the suggestion of the petitioner.

7. The encroachment proceeding shall be decided in accordance with law after proper measurement. Before the measurement starts, The Circle Officer, Fulwari Sharif will satisfy herself as to whether the government Amin knows how to measure the land after finding the fix point.

8. Any objection raised by the petitioner before the Circle Officer, Fulwari Sharif must be considered and decided by her with a speaking order.

9. The personal appearance of the Circle Officer, Fulwari Sharif is dispensed with.

10. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U