IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5620 of 2008 3 11.9.2009 1. Arun Kumar son of Late Ram Narayan Yadav, Resident of village- Bishauni Sultanganj, PO Masdi Mushahri, PS Sultanganj, District Bhagalpur 2. Suryanarayan Yadav Son of Late Vishundev Yadav, Resident of village Salarpur, PS Parbatta, District Khagaria 3. Ashok Yadav Son of Late Ramakant Yadav (Grandson of Chamru Gope) Resident of village Salarpur, PS Parbatta District Khagaria 4. Radha Yadav Son of Late Mahadev Yadav, Resident of village Salarpur, PS Parbatta, District Khagaria 5. Hanuman Paswan Son of Late Matru Paswan (Grandson of Vikas Paswan) Resident of village Bishauni Sultanganj, PS Sultanganj, District Bhagalpur ........ Petitioners VERSUS 1. The State of Bihar 2. The District Magistrate, Bhagalpur 3. The Additional Collector, Bhagalpur 4. The Circle Officer, Narayanpur, Bhagalpur 5. The Circle Officer, Bihpur, Bhagalpur ......... Respondents --------- Heard learned counsel for the petitioners and learned counsel for the State. The petitioners belong to Bhagalpur and Khagaria districts. Although the writ petition was initially filed against some order passed by the Circle Officer for measurement of a land of a particular area, subsequently the petitioners have changed the subject matter of the writ petition as public interest litigation and a prayer has been 2 made before the court to order the Revenue Department, Government of Bihar, to hold a proper survey operation in the concerned area of Bhagalpur and Khagaria districts so that raiyats may know their tenancy rights in definite terms. It appears that already an order for measurement of some Diara lands has been passed by the district authorities but that can only have the status of mini- survey and not a proper survey in accordance with the provisions of the Bihar Tenancy Act. In the facts of the case, we are of the view that petitioners should first make a demand for full fledged survey before the Revenue Department, Government of Bihar giving their reasons and other details. Only if the Department does not accept the request, if the petitioners feel aggrieved, they may approach this Court. Accordingly, this writ petition is disposed of with liberty to the petitioners to approach the Principal Secretary, Department of Revenue, Government of Bihar with a prayer to hold survey operation in the concerned area. If such a representation is filed, it should be disposed of on its own merit without being prejudiced by 3 this order one way or the other, expeditiously, preferably within a period of six months. (Shiva Kirti Singh, J.) (Jyoti Saran, J.) sk