Ram Sewak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17957 of 2022 ====================================================== Ram Sewak Sah son of Late Ram Khelawan Sah, resident of MohallaBrahmpura, P.S.- Brahmpura, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Collector cum District Magistrate, Muzaffarpur. 3.

The Deputy Collector Land Reform, West, Muzaffarpur. 4.

The Circle Officer, Kanti, Muzaffarpur.

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

For the Petitioner/s :

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

Mr. Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned counsel for the respondents The petitioner has filed the instant application for the following relief(s):

"That this application is for issuance of an appropriate writ, order or direction commanding specifically upon the respondent No.4 Circle Officer, Kanti to demarcate the land of the petitioner an area of 2 Bigha pertaining to Crystal Survey (for short, C.S.) Khata No. 475, Khesra No. 2732, Revisional Survey (For Short, R.S.) Khata No. 814, Khesara No. 3694 under Revenue Thana No. 482 situated at Mauza Kolhua Pagamberpur, Anchal- Kanti District- Muzaffarpur of which boundary is that North- Jokhan Rai & other, South-

Patna High Court CWJC No.17957 of 2022(2) dt.24-04-2023 2/3 Ramkhelawan Sah (Niz), East- Mahendra Sahu, West- Niz vendor (Saiyad Mehandi Hassan)."

Learned counsel for the petitioner submits that inspite of his application for demarcation pending before the Circle Officer, Kanti, Muzaffarpur (respondent no.4) and the Deputy Collector Land Reform, West, Muzaffarpur (respondent no.3), copies of the applications having been brought on record as Annexures-3 and 4 of the writ application, no order has been passed nor any steps taken by the respondent authorities, thus forcing the petitioner to file the instant application for the prayer as mentioned hereinabove. Learned counsel for the petitioner prays that a direction be given to the respondent concerned to decide the application within a fixed period in accordance with law.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of prayer made in the writ application together with the copies of the applications filed by the petitioner before the respondent nos.3 and 4 which are Annexures 4 and 3 respectively to the writ application, this writ application is disposed of with a direction to the petitioner to file a fresh representation before the D.C.L.R., West, Muzaffarpur (respondent no.3) within a period

Patna High Court CWJC No.17957 of 2022(2) dt.24-04-2023 3/3 of four weeks enclosing with the same a copy of this order. The respondent no.3 shall proceed in accordance with law and decide the application of the petitioner praying for demarcation of land at the earliest preferably within a period of four months from the date of its filing.

It is clarified that this Court has not entered into the merits of the case of the writ application which is to be decided by the authority concerned.

This writ application is disposed of with the above observations and directions.

(Partha Sarthy, J) Saurabh/- U