Godawari Devi vs The State Of Bihar And Ors
2022 Latest Caselaw 625 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12170 of 2015
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Godawari Devi Wife of Shri Banshidhar Jha, resident of Mohalla- Saifullaganj (Raj Kumar Ganj), Ward No. 12 New, 6 (Old), Police Station- Town, District- Darbhanga

... ... Petitioner Versus

1. The State of Bihar.

2. The Commissioner, Darbhanga Division, Darbhanga

3. The Deputy Collector Land Reforms, Sadar, Darbhanga

4. The Circle officer, Sadar, Darbhanga

5. Sri Prem Narayan Mishra, Son of Late Braj Kishore Mishra, Resident of Mohalla- Digghi West, Professor Colony, Police Station- Town, District- Darbhanga

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

For the Petitioner : Mr. Mrigank Mauli, Sr. Advocate Mr. Baidya Nath Thakur, Advocate For the State : Ms. Nivedita Nirvikar, GA-10 For the Resp. No. 5 : Mr. Rajeeva Roy, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 24-01-2022

Heard learned Sr. counsel for the petitioner and learned

counsel for the respondents through video conference.

2. The following reliefs as formulated by the petitioner

have been claimed in the writ petition -

"(i) For quashing the order dated 29.06.2015 passed by the

Member Administrative of the Bihar Land Tribunal, Patna in

BLT Case No. 396/2014 whereby while dismissing the same it

was observed that the appellate order of the Divisional

Commissioner, Darbhanga allowing the prayer of respondent Patna High Court CWJC No.12170 of 2015 dt.24-01-2022

no. 5 for demarcation of the disputed land appertaining to

Khata No. 105, Khesra No. 9376 (New 832) admeasuring 1

Katha of Mouza- Saifullaganj, Ward No. 6, P.S. Town, District-

Darbhanga did not call for interference and;

(ii) Further prays for issuance of any other appropriate

writ/writs, order/orders, direction/directions and

relief/reliefs which they are entitled to in the facts and

circumstances of the case."

3. When the matter is taken up, learned counsel for the

petitioner fairly states that in the interest of resolving the dispute

once and for all, rather than pressing the prayer for quashing the

impugned order, it would suffice in the overall interest of the parties

if the measurement of the disputed land is carried out in a

transparent manner. This could be achieved if the measurement is

made in presence of the petitioner, the respondent no. 5 and Smt.

Indrakala Devi (vendor of the property in favour of respondent no.

5), who is also said to be residing in a part of the property.

4. Learned counsel for the respondent no. 5 has no

objection to the prayer of the petitioner and fairly agrees to the

aforesaid proposition.

5. Having regard to the common stand of the main

contesting parties as above, this Court is of the view that no fruitful

purpose would be served in entering into the detailed merits of the

contentions raised in the present writ petition.

Patna High Court CWJC No.12170 of 2015 dt.24-01-2022

6. The writ petition is accordingly disposed of with a

direction to the Circle Officer, Sadar, Darbhanga (respondent no. 4)

to carry out the measurement of the disputed land comprising

Khata No. 105, Khesra No. 9376 (New 831 and 832) in Mauza-

Saifullaganj, Ward No. 6 (old) and Ward No. 12 (New), in presence

of the interested parties as aforesaid expeditiously and after

observing all legal formalities.

(Vikash Jain, J) Ibrar//-

AFR/NAFR              NAFR
CAV DATE              N.A.
Uploading Date        25.01.2022
Transmission Date     N.A.