Sukh Narayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23086 of 2019 ====================================================== Sukh Narayan Tiwari, aged about 78 years, Male, Son of Ram Swaroop Tiwari, Resident of Village Bhakharuan, P.O.+P.S. Daudnagar, District Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms, Government of Bihar, Patna.

2.

The District Magistrate, District-Aurangabad. 3.

Sub-Divisional Officer, Daudnagar, Aurangabad. 4.

The Deputy Collection Land Reforms, Daudnagar, Aurangabad. 5.

The Circle Officer, Daudnagar, Aurangabad.

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

For the Petitioner :

Mr. Waliur Rahman, Advocate Mr. Krishna Kant Tiwari, Advocate Mr. Nishant Kumar Sinha, Advocate For the State :

Mr. Sajid Salim Khan, S.C.25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-11-2019 Heard both sides.

The petitioner filed this writ petition for direction to the Circle Officer, Daudnagar, Aurangabad to dispose of his Measurement Case No.36/2010-2011 for which he has already deposited the cost on 04.02.2011.

Learned counsel for the petitioner submits that the Circle Officer is legally obliged to dispose of the measurement case within a reasonable time.

It appears that the petitioner filed Measurement Case No.36/2010-2011 and the same is still pending before the Circle

Patna High Court CWJC No.23086 of 2019(2) dt.22-11-2019 2/2 Officer, Daudnagar, Aurangabad even after lapse of more than eight years. There appears no reasonable ground for pendency of the measurement case before the Circle Officer for such a long period of eight years. In measurement case, the Circle Officer is to direct the Amin to get the land of the petitionerapplicant measured and submit report. The Circle Officer is obliged under the law to pass order in accordance with law immediately after filing of the petition by the applicant for measurement of the land.

Having considered the facts aforesaid, I direct the Circle Officer, Daudnagar, Aurangabad to get the land of the petitioner measured within two months from the date of receipt of this order and dispose of the measurement case. With the aforesaid direction/observation, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U