Anuj Kumar Saurav vs The State Of Bihar
2023 Latest Caselaw 3482 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.78 of 2023
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Anuj Kumar Saurav, S/o Ajay Kumar Sinha, Resident of MO-Chitragupta Nagar Ward No-14 P.S.-Chitragupta Nagar, District-Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secreary Revenue and Land Reforms Department Government of Bihar Patna.

2. The District Magistrate Khagaria.

3. The Deputy Collector Land Reforms, Khagaria.

4. The Sub-Divisional Officer, Khagaria.

5. The Public Grievance Redressal Officer, Khagaria.

6. The Circle Officer Chautham, Khagaria.

7. The Anchal Amin Chautham, Khagaria.

8. The revenue Clerk Halka No-8 Telhauchh, Chautham, Khagaria.

9. Nawal Kishore Chaudhary, S/o Nageshwar Chaudhary Resident of village and P.O. - Gadhiya, P.S. - Chautham, Distt. - Khagaria.

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

For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advovate For the State : Mr. Md. Khurshid Alam (AAG12) Mr. Arun Kumar Bhagat, AC to AAG-12 For respondent No.9 : Mr. Manas Prakash, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 03-08-2023

Heard learned counsel for the petitioner, learned

counsel for the State, and learned counsel for respondent No.9.

2. Learned counsel for the petitioner submits that he

has filed this petition for compliance with the order dated

29.10.2022 passed in Measurement Appeal No. 3/2022 passed

by the respondent No.3, namely, the Deputy Collector Land

Reforms, Khagaria in the light of the order passed by the Sub- Patna High Court CWJC No.78 of 2023 dt.03-08-2023

Divisional Magistrate, Khagaria in Case No. 361M/17. Counsel

further submits that direction may be given to the respondents to

ensure the free fair and peaceful execution of measurement and

demarcation of the land in question. The detail of the land has

been mentioned in the writ petition is Tauzi No.536, Thana No.

286, Khata No. 70, Khesra No.343, Mauza-Gadhiya,

admeasuring 5 Katha 15 dhur.

3. Learned counsel for the petitioner submits that the

petitioner's ancestors are continuing in the peaceful possession

of the land in question and they are paying revenue of the said

land regularly. Subsequently, the grandfather of the petitioner

had filed an application before the Sub-Divisional Officer,

Khagaria on 01.08.2011 for demarcation of the boundary wall

between Khesra Nos. 343 to 342 which belongs to the petitioner

and Nageshwar Chaudhary and others respectively. Thereafter,

the Sub-Divisional Officer, Khagaria vide letter no. 1396 dated

03.08.2021 directed the Circle Officer, Chautham to take

appropriate steps by measuring the land. The magistrate was

also appointed for measurement of the land but measurement

and demarcation of the land could not be completed due to the

illegal and unlawful disturbance of the land holder of Plot

No.342, i.e. respondent No.9.

Patna High Court CWJC No.78 of 2023 dt.03-08-2023

4. Learned counsel further submits that the proceeding

under Section 144 Cr. P.C. was also initiated for the land in

question before the Sub-Divisional Magistrate, Khagaria vide

Case No.361M/17 which was decided on 27.05.2017 directing

the Circle Officer, Chautham to get the measurement of the land

done in Case No.28/14-15 by deputing Anchal Amin and upon

measurement and demarcation of the land, pillar should be fixed

as a mark of identification between khesra nos. 343 and 342.

But nothing happened. Thereafter, on the application of the

petitioner, several directions have been issued by the Sub-

Divisional Officer, Khagaria to the Circle Officer, Chautham to

complete the measurement, but no action has been taken by the

Circle Officer. Thereafter, a report has been submitted by the

SDO, Khagaria before the Public Grievance Redressal Officer,

Khagaria to the effect that due to the negligence on the part of

the Circle Officer, Chautham, the dispute could not be resolved

and the Circle Officer was warned to ensure compliance of the

order dated 02.02.2022 issued vide Letter No. 70.

5. Learned counsel for the petitioner further submits

that the private respondent has preferred Measurement Appeal

No.3/2022 before the Deputy Collector Land Reforms, Khagaria

which was heard and disposed of directing the Circle Officer, Patna High Court CWJC No.78 of 2023 dt.03-08-2023

Chautham vide order dated 29.10.2022 to fix pillars after getting

the measurement and demarcation done in Measurement Case

No.28/14-15, which reflects from Annexure -12 of the writ

petition. Thereafter, the present writ petition.

6. Learned counsel for the private respondent has filed

a counter affidavit stating therein that the said land bearing

Khesra No. 343 was allotted to the petitioner and for which

Jamabandi No. 706 was going on. A jamabandi Cancellation

Case No.121/2021 relating to the said jamabandi was preferred

before the Additional Collector, Khagaria. The said jamabandi

cancellation case was decided against the petitioner vide order

dated 22.02.2023 in which it has been held that the said plot

No.343 is gair majaurua khas land and creation of jamabandi

vide Jamabandi No. 706 is completely illegal. It has also been

observed that an appeal be filed against the Rent Fixation Case

No. 10/84-85 and the Circle Officer, Chautham has preferred an

appeal against the said Rent Fixation Case No. 10/84-85 which

is still pending.

7. Learned counsel for respondent no.9 further submits

that after cancellation of Jamabandi No.706 for Khesra No.343,

the petitioner and his brother sold a portion of land, but the

mutation of the land has been rejected and the name of the buyer Patna High Court CWJC No.78 of 2023 dt.03-08-2023

had not been mutated. It has also been informed by learned

counsel for respondent No.9 that in the middle of the land of

Plot No.343, a PCC road has also been constructed after

cancellation of the said Jamabandi. Thereafter, the petitioner

approached the Bihar Land Tribunal by filing BLT Case

No.126/2023 challenging the order dated 29.10.2022 passed in

Measurement (mapi) Appeal No. 3/2022 by the Deputy

Collector Land Reforms, as contained in (Annexure-12) to the

writ petition in which notices to the petitioner has been issued

and the order of the Deputy Collector Land Reforms has stayed.

8. In this background, learned counsel for respondent

No.9 submits that Jamabandi No.706 has been recommended to

be cancelled after taking the appropriate decision in Rent

Fixation Appeal and particularly when the mutation appeal

whose order the petitioner wants to execute by this Court has

been challenged in Bihar Land Tribunal and the Bihar Land

Tribunal has stayed the order passed in mutation appeal. In this

background, this writ petition is fit to be dismissed and any

further action may be subject to the outcome of the case pending

before the Bihar Land Tribunal.

9. Learned counsel for the State has submitted its reply

in the counter affidavit and in the said counter affidavit, the Patna High Court CWJC No.78 of 2023 dt.03-08-2023

stand taken by the State that the petitioner's case is not

maintainable as the order passed by the Deputy Collector Land

Reforms in mutation appeal for measurement of the plot in

Measurement Appeal No. 3/2022 has been challenged in Bihar

Land Tribunal's Court. The Bihar Land Tribunal has granted a

stay and due to this reason, the Circle Officer, Chautham has not

complied with the order passed by the Deputy Collector Land

Reforms, Khagaria.

10. From the submissions made by the parties, it is

crystal clear that the jamabandi No.706 in the name of the

petitioner has not been cancelled till date and cancellation of

jamabandi shall be the outcome of the Land Fixation Appeal

preferred by the Circle Officer, Chautham. From the record and

argument, it is not clear whether the petitioner has preferred any

appeal against the order passed in Jamabandi Cancellation Case

No. 121/2020-21 or not but from the pleading as well as

argument on the point of question of measurement two things

are clear, firstly that petitioner has filed the Measurement Case

No. 28/2014-15 which was challenged by respondent No.9 in

Measurement Appeal No.03/2022 which the respondent no.9

lost vide order dated 29.10.2022, thereafter, the petitioner

has preferred this writ petition. And, secondly, during the Patna High Court CWJC No.78 of 2023 dt.03-08-2023

pendency of the present writ petition, the private respondent has

preferred to challenge the order dated 29.10.2022 passed in

Measurement (mapi) Appeal No. 03/2022 before the Bihar Land

Tribunal being BLT Case No.126 of 2023 in which order

of status quo has been made vide order dated 13.04.2023 till

disposal of BLT Case No.126 of 2023. It also transpires to this

Court that the petitioner has not placed on record the anything

about the dispute relating to Jamabandi Cancellation Case No.

121/2021 and its further stoppage.

11. In this background, the order which the petitioner

wants to execute for the purpose of measurement when already

stayed by the Court of competent jurisdiction in BLT, it shall not

be appropriate to this Court to interfere and pass any order.

12. In this view of the matter, this writ petition is

dismissed.

13. However, the question of measurement shall be the

outcome of disposal of the BLT Case No. 126 of 2023.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          07.08.2023
Transmission Date       NA