IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15093 of 2009 RAJENDRA NATH TRIVEDI @ RAJENDRA TIWARI, S/O LATE KAMALASARAN TRIVEDI R/O VILL.- KHARIKA, P.O.- KHARIKA, P.S.- SONEPUR, DISTT.- CHAPRA AT SARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SARAN, CHAPRA 3. THE SUB-DIVISIONAL OFFICER, SARAN, CHAPRA 4. THE CIRCLE OFFICER, SARAN, CHAPRA ----------- 3. 12.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notice dated 19.08.2009 issued by the Circle Officer, Sonepur, Saran, Annexure-5, calling upon the petitioner to make himself available on 26.8.2009 for measuring 11 Katha 11 Dhur lands of Plot No. 594, 412 appertaining to Khata No. 386, of Village- Kharika, P.S. No. 82. 3. It is submitted on behalf of the petitioner that earlier the Jamabandi in connection with the aforesaid land was cancelled at the instance of Raghunath Sah, son of late Bansi Sah, resident of Village- Kharika, P.S.- Sonepur and against the cancellation of the Jamabandi petitioner has filed an appeal before the learned Collector of the District. The appeal has been numbered as 02/2006 and under orders dated 20.2.2006 (Annexure-6) learned Collector has stayed the operation of the order whereunder Jamabandi of the aforesaid land running in favour of the petitioner has been cancelled. Till date the appeal has not yet been disposed of by the Collector, as is evident from the order-sheet contained in Annexure-6 to this application. Meanwhile, the impugned notice has been issued to the petitioner at the instance of aforesaid Raghunath Sah with a view to disturb his possession over the lands-in- question. 4. Having heard counsel for the petitioner and the State, I direct the Circle Officer to proceed with the measurement of the lands-in-question but until disposal of Appeal No. 02/2006, pending before the Collector, Saran at Chapra the possession of the petitioner over 11 Katha 11 Dhurs of land of Plot No. 594, 412 appertaining to Khata No. 386 of Village- Kharika, P.S.- 82 should not be disturbed. The Collector, Saran at Chapra, however, is directed to ensure disposal of the appeal at the earliest in any case within a period of six months from today. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)