BRAJENDRA NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ application has been filed for issuance of a writ of mandamus commanding the respondent authorities, especially the respondent No. 9 (the Circle Offier Tarari Circle Bhojpur), to measure the chakbandi (PHIRNI) road as well as the agricultural land of the petitioner arising to Mauja Parariya, Thana No. 135., Khata No. 21, Khesra No. 142 and 146, Anchal- Tarari, District-Bhojpur, Bihar wehreby, and where under the same, the dictatorial persons of said village (respondent No. 15, 16, and 17) are encroaching the Chankandi PHIRNI road in question. However, the petitioner has deposited the cost of measurement of the land in question with the respondent authority and taken appropriate steps for the early disposal of measurement case No. 07/2021-2022.

(3.) At the outset, learned counsel for the petitioner requests to dispose of the present writ petition with liberty to move before the appropriate authority i. e,. the Deputy Collector Land Reforms/Sub-Divisional Officer and his nature of grievance falls under Sec. 118 (3) of Bihar Tenancy (Amendment) Act 2017 which reads as: 3. Addition of new Sec. in the Act 1885.-- The following new Sec. 158C and 158D shall be added after Sec. -158B of the said Act 1885 "158(C) Fixation of rent - (1) The power of fixing rent of Belagan /Kabil Lagan land, whose rent has not been fixed during Survey and Settlement operation period, shall vest in the Deputy Collector Land Reforms/Sub-Divisional Officer.