Sadashiv Sadabahar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.312 of 2020 ====================================================== Sadashiv Sadabahar, Son of Late Rajesh Prasad, Resident of 35 Ranipur Khidki, Dhaal Ke Niche, Patna City, Nagla, P.O.-Jhauganj, Police StationMehdiganj, District-Patna, Bihar-800008. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar. 2.

The Superintendent of Police, Bihar Sharif, Nalanda. 3.

The District Magistrate, Bihar Sharif, Nalanda. 4.

The Sub-Divisional Officer, Bihar Sharif, Nalanda. 5.

The Circle Officer, Bihar Sharif, Nalanda.

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

For the Petitioner/s :

Mr.Bindhyachal Singh For the Respondent/s :

Mr. Sheo Shankar Prasad (SC18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2020 Heard both sides.

The learned counsel for the petitioner submits that father of the petitioner purchased the land from Pragash Yadav through registered sale deed, who had earlier purchased the land from Pati Devi through registered sale deed. Pati Devi filed injunction petition in Title Suit No. 46 of 2013 with regard to part of the land but the same was dismissed on 07.06.2014 by the learned Sub Judge-II, Nalanda, Bihar Sharif. Thereafter, the petitioner filed petition before the Circle Officer, Nalanda, Bihar Sharif to get his land measured on the basis of sale deed executed in favour of his father but the Circle Officer is sitting

Patna High Court CWJC No.312 of 2020(2) dt.18-01-2020 2/2 tight over the matter.

The Circle Officer is obliged to get the land measured if a person files a petition for measurement of his land with requisite fee and, thus, it appears that the Circle Officer has failed in his duty.

Mr. Bindhyachal Singh, the learned counsel for the petitioner, submits that direction may be issued to the Circle Officer to get the land of the petitioner measured within two months from the date of receipt of this order. The learned counsel for the State also submits that the Circle Officer may be directed to get the land of the petitioner measured.

Having considered the submissions of both sides, this writ petition is disposed of with a direction to the Circle Officer, Nalanda, Bihar Sharif to get the land of the petitioner measured within two months from the date of receipt of this order. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U