Advocates:
['Surya Narayan Sah', '', 'RAKESH KUMAR PANDEY', 'Sushmita Mishra', 'LALIT KISHORE AG', '', 'Raj Kishore Roy']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7993 of 2021

======================================================

Nawal Ram @ Naval Kishore Ram Son of Late Ramotar Ram Resident of

Vilage- Raota, P.S.- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land

Reforms Government of Bihar.

2.

The Principal Secretary, Principal Secretary, Revenue and Land Reforms

Government of Bihar.

3.

The District Magistrate, Madhepura.

4.

The Sub Divisional Magistrate, Udakishunganj, Madhepura.

5.

The Circle Officer, Puraini, Madhepura.

6.

The Circle Inspector, Puraini, Madhepura.

7.

The Anchal Amin, Puraini, Madhepura.

8.

Kailash Ram Son of Late Damodar Ram Resident of Village- Raota, P.O.-

Kursandi, P.S.- Puraini, District- Madhepura.

9.

Vilas Ram Son of Late Damodar Ram Resident of Village- Raota, P.O.-

Kursandi, P.S.- Puraini, District- Madhepura.

10.

Wakil Ram Son of Late Damodar Ram Resident of Village- Raota, P.O.-

Kursandi, P.S.- Puraini, District- Madhepura.

11.

Anita Devi Wife of Late Dinesh Ram Resident of Village- Raota, P.O.-

Kursandi, P.S.- Puraini, District- Madhepura.

12.

Sanichar Ram Son of Late Bindeshwari Ram @ Beni Ram Resident of

Village- Raota, P.O.- Kursandi, P.S.- Puraini, District- Madhepura.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Surya Narayan Sah

For the Respondent/s

:

Mr.Lalit Kishore (Ag)

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

14-11-2022

The present writ petition has been filed

seeking the following reliefs:-

“(i).

For the issuance of a rule in

the nature of writ of mandamus for a

direction upon the official respondents

Patna High Court CWJC No.7993 of 2021(2) dt.14-11-2022

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to get a suit instituted for correction of

entry before a competent civil court in

the records of Right i.e. Revisional

Survey Khatiyan of the land

appertaining to 22 decimals in mauza-

Rauta, thana no. 179, khata no. 72,

khesra no. 669 (old) and khesra no. 761

and 762 (new) in the district of

Madhepura which is road, well and

drainage for public use and was

recorded in the cadestral survey

khatiyan in the name of ‘Gair Majurwa

Aam, but late Damodar Ram, late Moti

Ram (issueless) and late Bindeshwari

Ram who were father of respondent

nos. 8 to 10 and father in law of

Respondent No. 1 and father of

Respondent No. 12 respectively got it

recorded in their name in the Revisional

Survey Khatiyan in collusion with the

official respondents and they have been

restraining the petitioner and public at

large to use aforesaid land as road and

drainage.

(ii). For the issuance of a rule in the

nature of mandamus commanding

Respondent No. 4 to dispose of at the

earliest Miscellaneous Case No.

783/2000 under Section 147 of the

Patna High Court CWJC No.7993 of 2021(2) dt.14-11-2022

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Code of Criminal Procedure regarding

aforesaid land and has been running

since last 21 years.”

As far as relief no. (i) is concerned, the

learned counsel for the petitioner seeks liberty on

behalf of the petitioner to avail such other

alternative remedies as are otherwise available

under the law. Liberty, so sought, is granted.

Now coming to relief no. (ii), as aforesaid, I

deem it fit and proper to direct the Respondent No.

4 i.e. the Sub-Divisional Magistrate, Udakishunganj,

Madhepura to dispose of the aforesaid

Miscellaneous Case No. 783/2000, if not already

disposed of, in accordance with law.

The writ petition stands disposed of on the

aforesaid terms.

Ajay/-

(Mohit Kumar Shah, J)

U