Petitioner seeking writ direction to Circle Officer to demarcate land and ensure possession. Court held remedy for possession lies with civil/criminal courts, no provision empowers Circle Officer. Application dismissed.
Relief prayed for in the writ application is denied; petitioner directed to approach appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12348 of 2013
====================================================== Ram Chabila Ram @ Chabila Ram Son Of Late Rajdeo Ram Resident Of Village - Anchha, P.S. Daudnagar, District - Aurangabad .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Cum Collector, Aurangabad 3. The Circle Officer, Daudnagar, Anchal, District Aurangabad 4. Birendra Kumar Son Of Late Bansidhari Singh Resident Of Village - Anchha, P.S. Daudnagar, District - Aurangabad 5. Jyotish Narayan Singh Son Of Sirdaman Singh Resident Of Village - Anchha, P.S. Daudnagar, District - Aurangabad 6. Bachhu Lal Singh Son Of Sirdaman Singh Resident Of Village - Anchha, P.S. Daudnagar, District - Aurangabad 7. Uday Pratap Singh Son Of Late Rameshwar Singh Resident Of Village - Anchha, P.S. Daudnagar, District - Aurangabad 8. Baleshwar Singh Son Of Ramsweak Singh Resident Of Village - Anchha, P.S. Daudnagar, District - Aurangabad .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Dubey For the State Mr. GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 08-03-2016 Heard the counsel for the petitioner and the State. The petitioner recently got his name mutated in the revenue records by the revenue authority. Thereafter, an application was filed before the Circle Officer to ensure that the petitioner gets possession thereof. The writ application has been filed to direct the respondents to demarcate the land of the petitioner measuring an area of 9.32 acres.
If the land of the petitioner has been encroached or
Patna High Court CWJC No.12348 of 2013 (2) dt.08-03-2016
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possessed by any other person, the remedy lies before the civil court and if there is any emergent situation then before the court under the Criminal Procedure Code. No provision has been shown to this Court under which the Circle Officer can take steps for giving possession of the land to the tenant. The Court is thus not inclined to grant relief as prayed in this writ application leaving it to the petitioner to agitate his grievance before the appropriate forum/authority in accordance with law.
(Kishore Kumar Mandal, J)
HR/-
U
2 issues framed by the court
whether the writ court can direct the Circle Officer to give possession of the land to the petitioner.
whether the remedy for encroachment or possession of land lies before the civil or criminal court.
Ram Chabila Ram @ Chabila Ram
The State Of Bihar
The District Magistrate, Cum Collector, Aurangabad
The Circle Officer, Daudnagar
Birendra Kumar
Jyotish Narayan Singh
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
