Omparkash Choudhary vs The State Of Bihar
2021 Latest Caselaw 5675 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6592 of 2020
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Omparkash Choudhary, S/o Late Kamal Choudhary, grand father late Ayodhya Choudhary in present resides at Ramdev Kunj Phase no- 5 flat No- 102 Boring Road West Anand Puri, Sri Krishana Puri Patna- 800001 G.P.O.- Patna Bihar. Permanent Address- Omparkash Choudhary, S/o Late Kamal Choudhary, Village and Post- Bahera, P.S. Bahera, District Darbhanga Bihar Pin code- 847201.

... ... Petitioner Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The District Magistrate, Darbhanga.

3. Superintend of Police, Darbhanga.

4. Sub- Division Officer, Benipur, Darbhanga.

5. Circle Officer, Benipur, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.Surendra Pd. Singh, Advocate For the Respondent/s : Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL JUDGMENT Date : 30-11-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents. Learned counsel for the petitioner

hereby undertakes to remove all defects pointed out by the Stamp

Reporter as and when required. It is accordingly directed that all

defects pointed out by the Stamp Reporter be removed within one

month hereof.

2. The present writ petition has been filed for the

following reliefs as formulated by the petitioner- Patna High Court CWJC No.6592 of 2020 dt.30-11-2021

"(i) To direct the circle officer (Respondent no.5) for measurement of land of petitioner bearing khata no. old 71/1 and new 100, kheshra no.-new 470 and 471 Rakba-4 kathas 8 dhoors situated at mauza Bahera Thana No. 144/3 Circle Benipur In view of the facts petitioner has taken the land from his uncle Vishwananth Choudhary, Jagnath Choudhary and his brother Shiyaram Choudhary by an agreement from ancestral properties on dated 26.10.1996 and thereafter has prayed before circle officer Benipur Darbhanga for measurement for the purpose of erecting boundary wall and constructing the house but no any step has been taken whereas petitioner has prayed before C.O. Benipur (Respondent no-5) properly and ready to deposit the charges.

(ii) Any other relief/reliefs for which petitioner is entitled for."

3. At the very outset, learned counsel for the petitioner

states that he has filed an application before the Circle Officer,

Benipur, Darbhanga (respondent no.5) on 15.02.2019 requesting

for measurement of his aforesaid land, which appears to be

pending. It will suffice if a direction for disposal of the application

be issued without entering into the detailed merits of the matter.

4. Learned counsel for the State appears and has been

heard.

5. Having regard to the nature of the grievance of the

petitioner, the writ petition is disposed of with a direction to the Patna High Court CWJC No.6592 of 2020 dt.30-11-2021

Circle Officer, Benipur, Darbhanga (respondent no.5) to consider

and dispose of the representation of the petitioner, said to have

been filed on 15.02.2019, if still pending, on its own merits in

accordance with law and after grant of an opportunity of hearing to

the petitioner, expeditiously and in any event preferably within a

period of eight weeks from the date of receipt/production of a copy

of this judgment.

6. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made

by the petitioner within the stipulated time provided in para-1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

(Vikash Jain, J) V.K.Pandey/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          03.12.2021
Transmission Date       N.A.