Disposed

Rajesh Keshari v. the State of Bihar and Ors.

Patna HC29 Apr 2013CWJC/5342/2011

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition by directing the Circle Officer, Gogri to demarcate specific land claimed by private respondents. The Court held that title disputes cannot be decided via Article 226, granting the petitioner liberty to approach appropriate civil authorities. The order was passed based on joint submissions.

What did the court decide?

Direction to the Circle Officer, Gogri to demarcate 5 kathas 11 dhurs land in Khesra Nos.747 and 746 claimed by respondents 7 to 13 within two months.

Rajesh Keshari Vs the State of Bihar and… — Constitutional and Fundamental Rights | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5342 of 2011

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====================================================== Rajesh Keshari S/O Suresh Pd.Keshari Resident Of Village- Mahesh Khut English, P.O- Maheshkhut, P.S- Mahesh Khut, Block- Gogri, DistrictKhagaria. .... .... Petitioner Versus 1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Secretariat Building, Patna. 2. The District Magistrate, Khagaria. 3. The Superintendent Of Police, Khagaria. 4. The Deputy Superintendent Of Police, Block- Gogri, Khagaria. 5. The Circle Officer, Block- Gogri, District- Khagaria. 6. The Officer-In-Charge, P.S- Mahesh Khut, District- Khagaria. 7. Garib Ram S/O Late Biro Kahar Resident Of Village- Mahesh Khut, P.SMahesh Khut, District- Khagaria. 8. Mahendra Ram S/O Late Giro Kahar Resident Of Village- Mahesh Khut, P.S- Mahesh Khut, District- Khagaria. 9. Opan Ram S/O Late Giro Kahar Resident Of Village- Mahesh Khut, P.SMahesh Khut, District- Khagaria. 10. Jhingo Ram S/O Late Giro Kahar Resident Of Village- Mahesh Khut, P.S- Mahesh Khut, District- Khagaria. 11. Kailash Rajak S/O Late Baso Rajak Resident Of Village- Mahesh Khut, P.S- Mahesh Khut, District- Khagaria. 12. Biso Rajak S/O Late Baso Rajak Resident Of Village- Mahesh Khut, P.S- Mahesh Khut, District- Khagaria. 13. Bilash Rajak S/O Late Baso Rajak Resident Of Village- Mahesh Khut, P.S- Mahesh Khut, District- Khagaria. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Satyendra Kumar Sinha, Advocate Mr. Kumar Manglam, Advocate For Respondents 7 to 13 : Mr. Manish, Advocate For the State : Mr. Manoj Kumar Sinha, A.C. to G.A.10 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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5 29-04-2013 I have heard learned counsel for the petitioner and the State. In view of the joint submissions made on behalf of the parties, this writ application is being disposed of with a direction to the Circle Officer, Gogri, District Khagaria

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Patna High Court CWJC No.5342 of 2011 (5) dt.29-04-2013

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(respondent no.5) to demarcate 5 kathas 11 dhurs land in Khesra

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Nos.747 and 746 claimed by the respondent nos.7 to 13.

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Thereafter, the petitioner, if aggrieved, would be at liberty to raise his grievances before any appropriate authority which would be available to him under law, as no declaration regarding any right or title with regard to the disputed land including the aforementioned claimed land of respondent nos.7 to 13 can be decided in a writ petition under Article 226 of the Constitution of India.

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The Circle Officer would be required to get the aforesaid land measured and demarcated within two months from the date of production of a certified copy of this order in presence of the parties. However, in case, the petitioner or the respondent concerned does not respond to the notice issued by the Circle Officer then, after granting reasonable time, the Circle Officer would be at liberty to proceed further in accordance with law. The private respondents and the petitioner would be expected to approach the Circle Officer within two weeks as this order has been passed with the consent of the parties in presence of their counsel.

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(Dr. Ravi Ranjan, J)

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N.H./-

Rajesh Keshari v. the State of Bihar and Ors.

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Rajesh Keshari v. the State of Bihar and Ors.

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