Citation : 2024 Latest Caselaw 5157 Patna
Judgement Date : 1 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2309 of 2017
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Chandra Madav Pandey son of late Bhup Narain resident of village Shitalpur
Kothi Pandey, Police Station Dariyapur, District Saran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Revenue and Land Reforms Bihar, Patna.
3. The District Magistrate, Saran.
4. The S.D.O. Shripur, Chapra, Saran.
5. The Circle Officer, Dariyapur, Saran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh, Advocate
For the Respondent/s : Mr. Subhash Chandra Yadav, GP-15
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 01-08-2024
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The present writ petition has been preferred for the
following relief/s:-
"(I) For issuance of the nature of mandamus to command the respondents to measure the land which is situated in Mouza Akbar Thana no. 334, Khata no. 155 and Thana no. 335 and Khata no. 30 which in my possession and further direction to Patna High Court CWJC No.2309 of 2017 dt.01-08-2024
Respondent not take illegal step regarding mutation of aforesaid land.
(II) For that the petitioner such other relief/ reliefs to which the petitioner may entitled in law"
3. At the outset, learned counsel for the petitioner
raises a limited grievance with respect to direction upon the
Circle Officer, Dariyapur, Saran (respondent No.5) to measure
the land pertaining to Mouza Akbar, Thana No. 334, Khata No.
155 and Thana No. 335 and Khata No. 30, which is in
possession of the petitioner. In this regard, it is submitted that
petitioner is ready to pay the amount for re-measurement of his
land in question, as per Rule. Thus, he submits that liberty may
be given to file application for re-measurement before the
Circle Officer, Dariyapur, Saran (respondent No.5), which may
be disposed of within a limited time frame.
4. Learned counsel for the State in view of the
submission of learned counsel for the petitioner does not object
to the limited prayer canvassed by the learned counsel for the
petitioner.
5. In that view of the matter, petitioner is directed to
file an application for re-measurement of the land in question
before the Circle Officer, Dariyapur, Saran (respondent No. 5), Patna High Court CWJC No.2309 of 2017 dt.01-08-2024
who shall be under obligation to dispose of the application in
accordance with law within a period of three months from the
date of receipt/production of a copy of this order.
6. With the aforesaid direction, writ petition stands
disposed of.
(Rudra Prakash Mishra, J)
Raj Kishore/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 08-08-2024 Transmission Date N/A
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