Anay Anurag Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2592 of 2024

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Anay Anurag son of Late Manoj Kumar Singh, resident of Village-Dihra, P.S.-Kudra, District-Kaimur (Bhabhua).

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate, Kaimur at Bhabhua.

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The District Magistrate, Kaimur at Bhabhua.

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The Sub-Divisional Magistrate, Mohania, District-Kaimur.

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The Circle Officer, Kudra, District-Kaimur.

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Sachidanand Singh, son of Late Ramswarup Singh, resident of VillageSakari, P.S.-Kudra, District-Kaimur.

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Dniesh Singh, son of Late Ramswarup Singh, resident of Village-Sakari, P.S.-Kudra, District-Kaimur.

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Kavi Singh @ Ramjee Singh, son of Late Ramswarup Singh, resident of Village-Sakari, P.S.-Kudra, District-Kaimur.

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Sachin Kushwaha, son of Sachidanand Singh, resident of Village-Sakari, P.S.-Kudra, District-Kaimur.

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Ramjee Singh, son of Ramkeshwar Singh, resident of Village-Garabhe, P.O.Akhitiyarpur, P.S.-Kargahar, District-Rohtas.

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Shyam Narayan Singh, son of Late Ramswarup Singh, resident of VillageSakari, P.S.-Kudra, District-Rohtas.

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Ramjee Singh, son of Ramkeshwar Singh, resident of Village-Garabhe, P.O.Akhitiyarpur, P.S.-Kargahar, District-Rohtas.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kr. Singh, Sr. Advocate Mr. Manish Kumar Singh, Advocate For the Respondent/s : Mr. Md. Harun Quoreshi, AC to SC-01 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 16-05-2024 Heard Mr. Rajesh Kumar Singh, learned Senior

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counsel for the petitioner and the State.

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The present writ petition has been preferred for the

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grant of following relief/s:-

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“i. To issue an appropriate writ

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Patna High Court CWJC No.2592 of 2024(2) dt.16-05-2024 2/3

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preferably in the nature of mandamus commanding upon the respondent authorities more particularly respondent no.4 to measure and demarcate the land appertaining to khata no.225, Plot no.1273, area 2½ decimals situated in Mauza-Sakri, Circle- Kudra District- Kaimur, and

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ii. To grant any other relief (s), for which the petitioner may be found entitled to in the facts and circumstances of the present case.”

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Learned Senior counsel submits that earlier the Circle Office, Kudra, Kaimur issued notice on 16.10.2022 (Annexure P/3 to the petition) to get the land of the petitioner measured but the same has not been taken to its logical conclusion.

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Learned State counsel has pointed out that though the document of the Circle Office, Kudra, Kaimur shows that beside the petitioner, Dineshwar Rai, Rameshwar Rai and Shivshankar Rai son of Sudama Rai were also noticed, they are not made party respondents to the writ petition.

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In that background, learned Senior counsel for the petitioner submits that a fresh petition will be preferred before the Circle Office, Kudra, Kaimur so that he can re-initiate the matter and put the concerned parties on notice so that a

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Patna High Court CWJC No.2592 of 2024(2) dt.16-05-2024 3/3

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date/time is fixed and the matter is taken to its logical conclusion.

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Though, there is point in the submission of the learned State counsel and the petition was otherwise fit to be dismissed for non-joinder of necessary parties, in view of the limited prayer made by the learned Senior counsel that he intends to file a fresh petition before the respondent no. 4, the Circle Officer, Kudra, Kaimur, this Court observes that if he prefers the same within four weeks from today, the same shall be taken up by the concerned respondent and after putting all the affected parties to notice will fix a date so that the matter is finally taken to its logical conclusion.

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The present writ petition stands disposed of.

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(Rajiv Roy, J)

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Adnan/-

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U

Anay Anurag v. The State of Bihar

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Anay Anurag v. The State of Bihar

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