Bhawani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1187 of 2019 ====================================================== Bhawani Devi, wife of Late Palakdhari Roy, resident of Village-Bhangha Tula, P.S. Barhara Kothi, District.-Purnea.

... ... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary, Main Secretariat, Patna.

2. The Secretary, Planning and Development Department, Government of Bihar, Patna.

3. The Secretary, Rural Development Department, Government of Bihar, Patna.

4. The Director General of Police, Bihar.

5. The District Magistrate, Purnea.

6. The Deputy Development Commissioner, Purnea.

7. The Superintendent of Police, Purnea.

8. The Sub Divisional Officer, Dhamdaha, Dist.-Purnea.

9. The Circle Officer of the Prakhand Barhara Kothi, Dist.-Purnea.

10. The Block Development Officer Barhara Kothi, Dist.-Purnea.

11. The Police Inspector, Dhamdaha, Dist.-Purnea.

12. The Thana-in-Charge Barhara Kothi, Dist.-Purnea.

13. Junior Engineer, Block Office, Barhara Kothi, Dist.-Purnea.

14. Awadesh Mandal, Son of Jagdish Mandal, resident of Village-Bhangha Tula, P.S. Barhara Kothi, Dist.-Purnea.

15. Vijay Sah, Son of Hari Sah, resident of Village-Bhangha Tula, P.S.Barhara Kothi, Dist.-Purnea.

16. Pramod Urao, Anchal Amin of the Prakhand Barhara Kothi, Dist.-Purnea, resident of Dibra Bazar, P.S. Barahara Kothi.

17. Saryug Mandal, Son of Sahdi Mandal, resident of Village-Bhangha Tula, P.S. Barhara Kothi, Dist.-Purnea.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Alok, Advocawte.

For the Respondents :

Mr.Vinay Kriti Singh, G.A.2.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

"1(I) To remove the entire structure of road constructed

Patna High Court CWJC No.1187 of 2019(2) dt.17-01-2019 2/3 illegally by using force over the private land of the petitioner and her sons namely Love Kumar Ray and Kush Kumar Ray pertaining to Land bearing Khata No. 647, Khesra No. 897, (C.S. Khesra No.

298), Mauza-Magratula, Thana No. 88, Rakwa-0.5 decimal, after getting the measurement (remeasurement) done by the panel of Amin in the presence of superior officers and the petitioner and other interested parties.

(II) To restore the original position of the road by removing the encroachment made over the road land bearing Khata No. 647, Tauzi No. 1/1309, Thana No. 88 (as mentioned in the Khatiyan) from the private respondent no. 17 in connivance with the local Police Station and the Anchal Amin who is private respondent no. 16."

Considering the reliefs sought for by the petitioner, the petitioner is directed to file a representation before the respondent no. 5, The District Magistrate, Purnea enclosing letter dated 21.05.2018 issued by the Circle Officer, Barhara Kothi within a period of one month from today. The respondent no. 5, The District Magistrate, Purnea shall enquire into the matter and pass an appropriate order in accordance with law within a period of three months from the date of filing of such representation.

With the aforesaid observations and directions, the

Patna High Court CWJC No.1187 of 2019(2) dt.17-01-2019 3/3 present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U