Suresh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19221 of 2024 ====================================================== Suresh Ram Son of Nandu Ram Resident of Village-Mogalkuan, Etwari Bazar, Biharsharif, P.O. Sohsarai, P.S.-Sohsarai, District-Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector-Cum-District Magistrate, Nalanda at Biharsharif.
2.
The Collector-Cum-District Magistrate, Nalanda at Biharsharif. 3.
The Additional Collector, Nalanda.
4.
The Circle Officer, Biharsharif at Nalanda.
5.
The Superintendent of Police, Nalanda at Biharsharif. 6.
The Registrar, Revenue and Land Reforms Department, Nalanda at Biharsharif.
7.
Bimla Devi Wife of Late Suresh Chaudhary Resident of Kagji Mohalla, near Taalab Ter, Post and P.S.-Biharsharif, District-Nalanda, PIN 803101. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Prasad For the Respondent/s :
Mr.Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 03-01-2025 In the instant petition, petitioner has prayed for the following relief:
(i) For issuance of a direction to the respondent authority to consider the petition filed by the petitioner for measurement of the land where the petitioner's ancestor have purchased the land bearing Khata No.02, Khesra No.1166, Thana No.119, Mauza Singarhaat, Zamabandi No.992. mohalla- Etwari Bazar, area 2 decimal within Biharsharif Circle in the district of Nalanda purchased vide Deed No. 895 dated 16.02.1942.
A copy of Sale Deed bearing Sale Deed No.
895 dated 16.02.1945 is annexed herewith and marked as Annexure-P/1 to this writ
Patna High Court CWJC No.19221 of 2024 dt.03-01-2025 2/3 application (ii) For issuance of a direction that the representation filed before the District Magistrate, Nalanda as well as Circle Officer, Biharsharif with regard to measurement of land may be considered under Rule 22 of the Senior Citizen Maintenance Act which has the following boundary:- North Ashok Thakur South Ganesjh Choudhary and Lakhan Tanti East Sarmila Devi West- Niz.
(iii) For any other relief/reliefs to which the petitioner is found entitled to, may be granted to the petitioner.
2. Learned counsel for the petitioner has submitted that he has made his grievance before Circle Officer, Biharsharif, Nalanda through representation dated 09.06.2022 and receipt of the same is annexed as annexure P/2 but till date no effective order has been passed by the concerned Circle Officer. The concerned Circle Officer has slept over the matter for more than two years and being a public officer he has forgotten his duty to act which is the obligation of the public officer that he has to pass reasonable order while deciding the fate of the land in question but same has been lacking in the present case. Learned counsel submits that the Circle Officer has not decided the measurement of the land case up-till now.
3. Learned counsel on behalf of the State has submitted that if petitioner represent his grievance afresh, the same shall be looked into by the concerned authority.
Patna High Court CWJC No.19221 of 2024 dt.03-01-2025 3/3
4. The sole thrust of the petitioner is the measurement of the land in question and he has sought limited relief for the measurement of the said land.
5. Considering the facts and circumstances of the case, it is evident that the present Circle Officer has not acted upon the grievance of the measurement up-till now as raised by the petitioner in his representation. Accordingly, Circle Officer, Biharsharif, Nalanda is hereby directed to consider and take appropriate action in the light of grievance raised by the petitioner in his representation after giving him due opportunity, expeditiously preferably within a period of six weeks from the date of receipt of this order.
(Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2025 Transmission Date NA