IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5541 of 2006 RAJESHWAR ROY, SON OF LATE MISHRI LAL RAI, RESIDENT OF VILLAGE PIR-MOHAMMADPUR, P.O.+P.S. ANCHAL FATUA, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR, REVENUE BOARD, OLD SECRETARIATE, PATNA. 2. THE DIRECTOR, LAND SURVEY DEPARTMENT, OLD SECRETARIATE, PATNA. 3. THE SECRETARY, REVENUE DEPARTMENT, OLD SECRETARIATE, PATNA. 4. THE COLLECTOR, PATNA. 5. THE COLLECTOR, MUZAFFARPUR. 6. THE COLLECTOR, VAISHALI. 7. THE DISTRICT LAND SETTLEMENT AND SURVEY OFFICER, SETTLEMENT OFFICE, BALDEVA BHAWAN, PUNAICHAK, PATNA. ----------- 03. 25.03.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is resident of village Pir-Mohammadpur karari, thana no. 400 anchal Fathua, district Patna. His lands are situate in tauji no.355, which is by the side of tauji no. 11835. This writ petition has been filed asserting that while conducting survey of tauji no.11835, the survey authorities omitted to conduct survey of tauji no.355. For survey of tauji no.355 petitioner requested the revenue authorities of Patna Collectorate and Additional Collector, Patna issued letter no.279 dated 11.2.2002 requesting the Assistant Settlement Officer, Patna to conduct the survey. It is submitted that in spite of aforesaid direction of the Additional Collector, Patna survey of tauji no.355 has not been done. 3. Counsel for the State with reference to the provisions contained in Chapter-X of the Bihar Tenancy Act, 1885 submitted that the power to order survey and prepare record of rights is vested 2 with the State Government. In this connection, he further submitted that when lands of the petitioner in tauji no.355 was not surveyed by the survey authorities, it was the duty of the petitioner to have brought to the notice of the survey authorities such fact at the relevant time. Now the survey operations having been closed petitioner’s case for survey of tauji no.355 can only be considered as and when direction is issued by the State Government to conduct fresh survey. For such purpose petitioner should be well advised to approach the State Government in the Land and Revenue Department of the State Government. 4. Having heard counsel for the parties, I direct the petitioner to state the facts noted above in this order in his representation and file the same before the Principal Secretary, Land and Revenue Department of the State Government requesting him to obtain Government orders for conducting survey operations in the area who shall obtain necessary orders on the request of the petitioner from the State Government, as early as possible, in any case within three months from the date of receipt of the representation of the petitioner along with a copy of this order before the Principal Secretary, 5. The writ application is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)