PATNA HIGH COURT ISSUES JUDGEMENT ON BIJENDRA PRASAD V/S THE STATE OF BIHAR AND OTHER

PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Heard the parties.

2. In the instant petition, petitioner seeks following relief(s):-

(i)For direction be issued to the respondent No-05 the Circle Officer, Buxar to proceed with the measurement Case No 22 of 2023- 24 and conclude the same which is pending before the Respondent No-5. The Circle Officer, Buxar relating to the land of petitioner bearing Thana No 389, Khata No 171(K), Khesra No750, Area 0.19 Decimal, 753 Area 0.15 Decimal, 786 area 1 acre 77 Decimal, 786 area 1 Acre 77 Decimal, 787 area 0.06 Decimal, 788 Area 33 Decimal, 809 Area 0.14 Decimal and 810 Area 15 Decimal all above are situated at Sonvarsa Circle, Buxar, DistrictBuxar, Bihar.

(ii)For that any other relief or reliefs as your lordships may deem fit and proper in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner belongs to Scheduled caste category and is landless person. He further submits that the court of learned Sub-Divisional Officer, Buxar initiated settlement Case No. 02 of 1974-75 relating to the land bearing Thana No 389, Khata No 171, Khesra Nos. 750, 753, 786, 787, 788, 809 and 810 total area 2 acre 79 decimal situated at Mauza Sonvarsa, Circle Buxar, District- Buxar and after observing the said proceeding, Respondent No. 4 - the Sub-Divisional Officer, Buxar passed order on 22.04.1975 to settle the aforesaid land in favour of the petitioner and settlement Purcha was also issued in his favour, as contained in Annexure P/1 of the instant petition. He further submits that on the basis of order passed by the Sub-Divisional Officer, Buxar in settlement Case No. 02 of 1974-75, petitioner made request before the Respondent No. 5 - the Circle Officer, Buxar for mutation of land and the said authority allowed mutation in favour of the petitioner and the petitioner is paying revenue since 1974-75. He further submits that petitioner has filed a measurement case no. 22 of 2023-24 before the Circle Officer, Buxar and also filed the requisite fee for measurement of the said land. The respondent no. 5, the Circle Officer, Buxar fixed the dated 14.07.2023 for measurement of the land in question, as contained in Annexure P5 to the instant petition, but thereafter, no action has been taken up till now.

4. Learned counsel for the State submits that as per the statutory provision, the Circle Officer, Buxar has to act upon Annexure P5 for the measurement of the said land in question, if he has not proceeded for the same as yet.

5. Considering the facts and circumstances of the case and submissions advanced on behalf of the parties, the Circle Officer, Buxar is hereby directed to act upon Annexure- P5 of the writ petition within six weeks from the date of receipt of the order, in accordance with law, without being prejudiced by the order passed by this Court

6. The writ petition stands disposed of with the above observation/direction.

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