RATNA JAGWANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no. 11.

(2.) The prayer of the petitioner as narrated in para-1 of the writ petition is as under:-

(3.) The case of the petitioner is that he had purchased a piece of land admeasuring an area of 2700 square feet bearing Plot No. 232A, Touzi No. 5808, Survey Plot No. 241, Khata No. 197 at village- Jalalpur, Police Station- Danapur, District- Patna from Arpana Sahkari Grih Nirman Samiti Ltd, Patna vide sale deed dtd. 26/11/1987. The said Plot No. 232 A has been mutated in his name and he is paying rent for the same. He is in peaceful possession of the land since the date of its purchase. Recently, respondent no. 11 tried to encroach upon his land. Being aggrieved, he filed an application before the Sub-Divisional Police Officer, Danapur and pursuant to a report submitted by the police, a proceeding under Sec. 144 of the Code of Criminal Procedure was initiated by the Sub-divisional Magistrate. Subsequently, he also filed Misc. Case No. 96/12-13 before the Deputy Collector Land Reforms, Danapur for settlement of dispute on 27/12/2012. He had prayed to get the land measured through the court Amin under the supervision of the Pleader Commissioner for confirmation of the possession over the land in question. The Deputy Collector Land Reforms on receipt of the said application filed by him had issued notice to the respondent no.11 and appointed a pleader commissioner and after resorting to all the formalities and hearing all the parties including respondent no. 11 passed an order on 9/4/2013 affirming the report submitted by the Pleader Commissioner whereby his plot was demarcated. However, the respondent no. 11 challenged the order passed by the Deputy Collector Land Reforms before the Commissioner in appeal, but the said appeal was also dismissed vide order dtd. 25/7/2013.