Dr. Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18178 of 2022 ====================================================== Dr. Mahendra Prasad Son of Late Nami Prasad, Resident of village - Akhgaon, P.S. - Sandesh, District - Bhojpur.

... ... Petitioner

Versus

1.

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

The District Magistrate Cum-Collector, Bhojpur. 3.

The Sub-Divisional Officer, Ara Sadar, Bhojpur. 4.

The Circle Officer, Sandesh, Bhojpur.

5.

Shaival Sahay, Son of Late Awadh Bihar Sahay, Resident of village and Post - Akhgaon, P.S. - Sandesh, District - Bhojpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Anup Kumar Pandey, Advocate For the Respondent/s :

Mr. Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-09-2024 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2.

The present writ petition has been filed for directing the respondent nos. 2 to 4 to measure and demarcate the boundaries of the 16.5 decimal land falling under the possession of the petitioner pertaining to Khata No. 201, Plot No. 1938 of Thana No. 212 Mauja Akhgaon of District Bhojpur. 3.

Learned counsel for the petitioner submits that the petitioner has filed the present application for measurement of land in question on 21.04.2022 before the respondent no. 4. Thereafter, respondent no. 4 had issued a letter dated 28.05.2022, whereby the respondent no. 4 had fixed the date for

Patna High Court CWJC No.18178 of 2022(2) dt.09-09-2024 2/2 measuring the land, which was scheduled to be on 08.06.2022. 4.

Learned counsel for the petitioner submits that unexpectedly, he received a letter on 07.06.2022 issued by respondent no. 4, informing the petitioner that measurement of land, which was fixed on 08.06.2022 is postponed due to objection filed by respondent no. 5, which suggests that land in question is disputed land.

5.

Learned counsel for the State has taken reasonable objection that petitioner may assail the order 07.06.2022 before the competent authority, i.e., before the Collector (respondent no. 2).

6.

In view of the aforesaid, the writ petition is disposed of with a liberty to the petitioner to approach respondent no. 2, and if the petitioner files any application before respondent no. 2, he is directed to dispose of the application of the petitioner in accordance with law within a period of three months after hearing all the concerned parties. 7.

Accordingly, with the aforesaid direction, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U