IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4150 of 2008 Ram Pravesh Yadav, son of Late Manilal Yadav, resident of village- Ganni Tola, Kalyanpur, P.O.-Barki Daipura, P.S.-Paliganj, District-Patna. -Petitioner. VERSUS 1. The State of Bihar. 2. The Collector, Patna. 3. The Deputy Collector, Patna. 4. The Circle Officer, Sadar, District-Patna. -Respondent 1st Set. 5. Jai Manjhi, son of Late Sohan Manjhi, 6. Chhotu Manjhi, son of Late Sohan Manjhi, 7. Jhagaru Manjhi, son of Late Dasai Manjhi, 8. Nagamni Manjhi, son of Late Dasai Manjhi, 9. Siya Sharan Manjhi, son of Late Budhe Manjhi, 10. Sanjay Manjhi, son of Late Nagina Manjhi, All residents of village-Murlichak, Jagdeopath, Khajpura, Patna, District- Patna. -Respondent 2nd Set. ----------- For the Petitioner : Mr. Ajay Kumar Sinha. Mr. B.J. Ojha. For the State : Mr. Suresh Kumar, A.C. to S.C.-VII. ------------ 02 12.03.2010 The petitioner has his plot of land. Near his land State Government made settlement by grant of purchas of small portions of lands to various scheduled caste landless people. The details whereof, is given in paragraph-9 of the writ petition. The grievance of the petitioner is that even though the portions of lands given by way of settlement under the purchas were very small pieces of land being about one decimal each. The Authorities did not take care of getting the said land demarcated before handing over possession. The result is that these purchas holders have become free floating commodities. On the strength of these purchas, they occupy any land in the vicinity. Petitioner has been - 2 - protesting and trying to persuade State Authorities to demarcate the lands so that there is no problem to anyone, the purchas holders get their rightful land and the petitioner will not get disturb over his land. Now, a counter affidavit has been filed by the State that the petitioner must move the Circle Officer and upon payment of requisite fee the Circle Officer is duty bound to demarcate the land. I fail to understand that if this was the simple solution why was the petitioner forced to move the Minister, who directed the Collector, Patna to take appropriate action and then the Authorities slept over it, forcing petitioner to come to this Court. It is not pleasure for any person to move this Court as it involves time and money. Had the Circle Officer done his duty at the first place itself, that is demarcating the lands before handing over purchas, the problem would not have arisen. The plot may consist and usually does of large area of land. If a purchas is given for one decimal of land then all the people who get the purchas would naturally be at loggerheads as to which part of the plot is theirs. The problem is confounded further when noone even knows where the plot is. Thus, I direct that in all cases any where in the State of Bihar where purchas like this or settlements have to be made, the Authorities would be bound to demarcate the same physically and handover the possession after proper demarcation to avoid law and - 3 - order problem and unnecessary litigation, as in the present case. In that view of the matter, I direct the Circle Officer, Patna Sadar that if an application is filed by the petitioner seeking demarcation of his land, the Circle Officer would intimate him the fee liable to pay and take all necessary steps and get the demarcation done within 45 days of receipt of the application positively. All district authorities including civil and police administration would aid the Circle Officer in this regard expeditiously and without demur. With these observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)