Patna High Court
Mustafa Ansari vs The State Of Bihar on 6 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11595 of 2024
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1. Mustafa Ansari Son of Late Rojid Ansari @ Rozi Ansari R/o Village -
Bandhua, P.O. - Matpa, P.S. - Kutumba, District - Aurangabad.
2. Abdul Quddoos Ansari, Son of Md. Talib Hussain, R/o Village - Bandhua,
P.O. - Matpa, P.S. - Kutumba, District - Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Collector cum District Magistrate, Aurangabad.
3. The Superintendent of Police, Aurangabad.
4. The Sub-Divisional Magistrate, Aurangabad.
5. The Sub-Divisional Police Officer, Aurangabad.
6. The Circle Officer, Kutumba, P.S. - Kutumba, District- Aurangabad.
7. The Officer-in-charge, Kutumba, P.S. - Kutumba, District - Aurangabad.
8. Md. Mahbub Alam, Son of Late Hanif Mian, Resident of Village - Bandhua,
P.S.- Kutumba, District- Aurangabad.
9. Md. Habib Alam, Son of Late Hanif Mian, Resident of Village - Bandhua,
P.S.- Kutumba, District- Aurangabad.
10. Md. Rafik Alam, Son of Late Hanif Mian, Resident of Village - Bandhua,
P.S.- Kutumba, District- Aurangabad.
11. Seraj Ansari, Son of Late Ashik Hussain, Resident of Village - Bandhua,
P.S.- Kutumba, District- Aurangabad.
12. Meraj Ansari, Son of Late Ashik Hussain, Resident of Village - Bandhua,
P.S.- Kutumba, District- Aurangabad.
13. Reyaj Ansari, Son of Late Ashik Hussain, Resident of Village - Bandhua,
P.S.- Kutumba, District- Aurangabad.
14. Noushad Alam @ Raju S/o Md. Mahbub Alam, Resident of Village -
Bandhua, P.S.- Kutumba, District- Aurangabad.
15. Jubair Alam Son of Md. Habib Alam, Resident of Village - Bandhua, P.S.-
Kutumba, District- Aurangabad.
16. Abdul Qaiyum @ China, S/o Md. Amirul Haque Mian, Resident of Village -
Bandhua, P.S.- Kutumba, District- Aurangabad.
17. Md. Kalim Ansari Son of Sahrum Mian, R/o Village- Murauli Bujurg, P.S.-
Kutumba, District- Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Sagar, Advocate
For the Respondent/s : Mr. Sitaram Yadav, GP-16
: Mr. Yatindra Narayan, AC to GP-16
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Patna High Court CWJC No.11595 of 2024 dt.06-08-2024
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 06-08-2024
Heard learned counsel for the petitioners and learned
counsel for the State.
2. Following relief(s) have been prayed for in
paragraph no. 1 of the present writ application.
"1. That the instant application is
for issuance of appropriate writ/writs,
order/orders, direction/directions, directing
the respondents concerned to give
protection/assistance in measurement of the
land ordered by the Circle Officer (R. No.6).
Any other relief/reliefs be granted
to the petitioners for which they are entitled
under the law."
3. Learned counsel for the petitioner submits that the
petitioners have purchased lands measuring 25 decimals from
the land lords on 12.06.2012, 20.06.2013 and 08.02.2016 by
registered sale deeds and came in possession of the land in
question and have been cultivating crops since then. Learned
counsel further submits that from March 2024, the private
respondents are creating hindrance and want to dispossess the
petitioners from the land in question. Learned counsel further
Patna High Court CWJC No.11595 of 2024 dt.06-08-2024
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submits that the petitioners gave application on 03.05.2024 to
the Circle Officer, Kutumba (Respondent No. 6 herein) for
measurement of the land in question through Anchal Amin and
the copy of the said application is annexed and marked as
Annexure-P/2 to the present writ application. Learned counsel
further submits that the Anchal Adhikari, Kutumba sent a letter
bearing letter no. 564 dated 6.05.2024 (Annexure-P/4 to the
instant writ application) to the Officer-in-charge of Kutumba
Police Station for maintaining law and order till the decision is
taken by the office of Anchal Adhikari, Kutumba. Thereafter,
the Circle Officer, Kutumba wrote a letter of Anchal Amin,
Kutumba for measurement of the disputed land according to
Jamabandi raiyat and submit report on 15.05.2024 vide Memo
No. 599 dated 11.05.2024 and a copy of the same in this regard
was forwarded to Officer-in-charge, Kutumba P.S. and also to
private respondents. Learned counsel further submits that on
15.05.2024
, the private respondents created hindrance in
measurement of the land in question. Thereafter, the Circle
Officer, Kutumba again gave notice ot the petitioners, private
respondents and the Officer-in-charge, Kutumba vide Memo
No. 658 dated 11.06.2024 to appear for the measurement of the
land question on 15.06.2024. Again, the Officer-in-charge,
Patna High Court CWJC No.11595 of 2024 dt.06-08-2024
Kutumba not deputed police force for peaceful measurement of
the land and again the private respondents created hindrance in
measurement of the land. Thereafter, the petitioners approached
before the Collector, Aurangabad by way of registered post of
application dated 19.06.2024 and a copy of same was also sent
to S.P., Aurangabad but till date no action has been taken for
peaceful measurement of land in question. Learned counsel for
the petitioners, therefore, prays that Officer-in-charge, Kutumba
may be directed to take follow action for peaceful measurement
of the land in question as requested by the Circle Officer,
Kutumba.
4. Learned counsel appearing on behalf of the State
raised no objections to the submissions made by learned counsel
on behalf of the petitioners.
4. Considering the aforesaid facts and circumstances,
Officer-in-charge, Kutumba, Respondent No. 7 is directed to
comply with the direction as given by the Circle Officer,
Kutumba, Aurangabad (Respondent No. 6 herein) for the
measurement of the land in question within a period of eight
weeks from the date of receipt/production of a copy of this
order.
5. With the aforesaid observation/direction, the
Patna High Court CWJC No.11595 of 2024 dt.06-08-2024
present writ application stands disposed of.
(Rudra Prakash Mishra, J)
Alok Verma/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 21.08.2024
Transmission Date N/A
