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.
Judgement reviewed by – Pooja Lakshmi