Hareram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19841 of 2025 ====================================================== Hareram Chaudhary Son of Late Uday Kant Chaudhary, Resident of villageHirni, P.S.- Kusheshwar Asthan, District- Darbhanga- 848213. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Land Reforms and Revenue Department, Patna.

2.

The District Magistrate, Darbhanga.

3.

The Deputy Collector Land Reforms, Biraul, Darbhanga. 4.

The Sub-Divisional Magistrate, Biraul.

5.

The Circle Officer, Kusheshwar Asthan, Darbhanga. 6.

Pappu Sahu, Son of Late Sattan Sahu, Resident of village- Hirni, P.S.- Kusheshwar Asthan, District- Darbhanga.

7.

Pradip Kumar Sahu, Son of Late Sattan Sahu, Resident of village- Hirni, P.S.- Kusheshwar Asthan, District- Darbhanga. 8.

Smt. Ranju Devi, Wife of Lalan Chaudhary @ Baua Chaudhary, Resident of village- Hirni, P.S.- Kusheshwar Asthan, District- Darbhanga. 9.

Smt. Rita Devi, Wife of Hirakant Chaudhary, Resident of village- Hirni, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Advocate For the State :

Mr. Government Pleader 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2025 Heard Mr. Pankaj Kumar Jha, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"(i) for issuance of an appropriate writ/s, order/s, direction/s to the Respondents No. 5 for measurement of land and demarcation

2/4 of boundary in Mauza- Hirni, Thana No. 233, Old Khata No. 163, Khesra No. 378, New Khata No. 65, Khesra No. 411 & 413, admeasuring about 2 katha 10 dhur which is raiyati land and was given in share of father of the petitioner upon which he has been living peacefully for a long period.

(ii) for issuance of an appropriate writ/s, order/s, direction/s to the respondents to restrain the Private Respondents who are interfering in peaceful possession of the land of the petitioner on the ground that the said land was sold to him by Lalan Chaudhary and Hira Kant Chaudhary, Co-sharer of the petitioner, in fact the co-sharers of the petitioner has already sold more land than fell in their share and now their vendees are creating hurdle in construction of residential house of the petitioner on the land situated in Mouza Hirni, Old Khata No. 163 (New Khata No. 65), Old Khesra No. 378 (New Khesra No. 411,413).

(iii) for issuance of an appropriate

3/4 writ/s, order/s, direction/s to the respondents no. 5 that after measurement of land of the petitioner in presence of the Respondent No. 6, hand over the possession of the said land after demarcation so that a quietus may be given to the dispute arisen between the petitioner and respondent no. 6.

(iv) to pass such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of this case."

3. The details of the land is already provided in the prayer portion and need no repeatation. It is the contention of the petitioner is that he simply wants measurement of the land after the execution of deeds in his favour.

4. Learned State counsel submits that it is the disputed matter which can be decided before a Title Court.

5. Learned counsel for the petitioner submits that he only wants petition for measurement of land be decided so that he can take appropriate steps by moving before appropriate authority/competent court.

6. In that background and with the limited prayer, the same is not being objected by the learned State counsel, the

4/4 Court allows the petitioner to approach afresh alongwith requisite fee before the respondent no.5, the Circle Officer, Kusheshwar Asthan, Darbhanga in next four weeks.

7. If such petition alongwith proper fee/documents are submitted, the concerned respondent shall be noticing all the parties and shall be passing an order in accordance with law.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U