MAHTAB ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the petitioner prays for appointment of an Amin for demarcation of the boundary of land of Plot No.3260, Khata No.73, measuring an area of 5.75 acres situated in Village Ramgarh, Thana No.82, District-Ramgarh.

(2.) Learned counsel has submitted that it would be evident from Annexure-10 that the Circle Officer had appointed an Amin for measurement of the aforesaid land on 15.06.2015 and it is averred in the counter affidavit in para-28 that due to absence of the petitioner the measurement and demarcation of the aforesaid land could not be carried out. That the rent receipt for the said land is being granted but the petitioner is deprived of enjoyment of the possession of the property due to non-demarcation of the boundary of land. It is submitted by the learned counsel that the title of the petitioner with respect to the aforesaid land has been affirmed by the Supreme Court hence, the respondent namely the Circle Officer, Ramgarh be directed to carry out the demarcation of the said land in favour of the petitioner.

(3.) Learned counsel appearing on behalf of respondent-state has submitted that the Amin had been appointed to carry out the measurement as is evident from Annexure-10 but it was due to non-cooperative attitude of the petitioner that the demarcation could not be carried out.