No objection for measuring disputed land in a transparent manner: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.121715 Godawari Devi Wife of Shri Banshidhar Jha resident of Mohalla SaifullaganjWard No. 12 New 6Police Station Town District Darbhanga ... Petitioner The State of Bihar. The Commissioner Darbhanga Division Darbhanga The Deputy Collector Land Reforms Sadar Darbhanga The Circle officer Sadar Darbhanga Sri Prem Narayan Mishra Son of Late Braj Kishore Mishra Resident of Mohalla Digghi West Professor Colony Police Station Town District ... Respondents Mr. Mrigank Mauli Sr. Advocate For the Petitioner Mr. Baidya Nath Thakur Advocate For the State : Ms. Nivedita Nirvikar GA 10 For the Resp. No. 5 Mr. Rajeeva Roy Sr. Advocate CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN Date : 24 01 2022 Heard learned Sr. counsel for the petitioner and learned counsel for the respondents through video conference. 2. The following reliefs as formulated by the petitioner have been claimed in the writ petition “(i) For quashing the order dated 29.06.2015 passed by the Member Administrative of the Bihar Land Tribunal Patna in BLT Case No. 396 2014 whereby while dismissing the same it was observed that the appellate order of the Divisional Commissioner Darbhanga allowing the prayer of respondent Patna High Court CWJC No.121715 dt.24 01 2022 no. 5 for demarcation of the disputed land appertaining to Khata No. 105 Khesra No. 9376admeasuring 1 Katha of Mouza Saifullaganj Ward No. 6 P.S. Town District Darbhanga did not call for interference and ii) Further prays for issuance of any other appropriate order orders direction directions and relief reliefs which they are entitled to in the facts and circumstances of the case.” 3. When the matter is taken up learned counsel for the petitioner fairly states that in the interest of resolving the dispute once and for all rather than pressing the prayer for quashing the impugned order it would suffice in the overall interest of the parties if the measurement of the disputed land is carried out in a transparent manner. This could be achieved if the measurement is made in presence of the petitioner the respondent no. 5 and Smt Indrakala Deviwho is also said to be residing in a part of the property 4. Learned counsel for the respondent no. 5 has no objection to the prayer of the petitioner and fairly agrees to the 5. Having regard to the common stand of the main contesting parties as above this Court is of the view that no fruitful purpose would be served in entering into the detailed merits of the contentions raised in the present writ petition Patna High Court CWJC No.121715 dt.24 01 2022 6. The writ petition is accordingly disposed of with a direction to the Circle Officer Sadar Darbhangain Mauza Saifullaganj Ward No. 6and Ward No. 12in presence of the interested parties as aforesaid expeditiously and after observing all legal formalities Vikash Jain J Transmission Date N.A

Summary: In the overall interest of the parties, if it would suffice if the disputed land was measured in a transparent manner in the goal of resolving the dispute once and for all, and there are no objection after observing all legal formalities, measurement of the disputed land shall be carried out is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE VIKASH JAIN in the case of Godawari Devi Vs. The State Of Bihar and Ors (Civil Writ Jurisdiction Case No. 12170 of 2015) Brief facts of the case are that the petitioner has requested for quashing the order dated 29.06.2015 issued by the Member Administrative of the Bihar Land Tribunal, Patna in BLT Case No. 396/2014, whereby while dismissing the same, it was noted that the appellate order of the Divisional Commissioner, Darbhanga allowing the petitioner’s request for demarcation of the disputed land belonging to Khata No. 105, Khesra No. 9376 (New 832) admeasuring Darbhanga did not request intervention. Rather than pushing the petition for quashing the impugned order, learned counsel for the petitioner fairly asserts that, in the overall interest of the parties, it would suffice if the disputed land was measured in a transparent manner in the goal of resolving the dispute once and for all. This may be accomplished if the measuring is done in the presence of the petitioner, the respondent, and Smt. Indrakala Devi (the land’s vendor in favour of the respondent), who is also reported to live in a section of the property. Given that learned counsel for the respondent has no objection to the petitioner’s prayer and fairly agrees to the aforementioned proposition, and in light of the common stand of the main contesting parties as stated above, this Court believes that it would be futile to go into the merits of the contentions raised in the present writ petition. The writ petition is accordingly dismissed with a direction to the respondent, Circle Officer, Sadar, Darbhanga, to measure the disputed land comprising Khata No. 105, Khesra No. 9376 (New 831 and 832) in MauzaSaifullaganj, Ward No. 6 (old) and Ward No. 12 (new), in the presence of all interested parties, as soon as possible and after following all legal formalities.