Lilawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1519 of 2024 ====================================================== Lilawati Devi Wife of Lallu Rajak, resident of Village-Raja Bazar, Dhobi Tola, Bihiya, Police Station-Bihiya, District-Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Bhojpur, Ara. 2.

The District Magistrate, Bhojpur, Ara.

3.

The Deputy Collector Land Reforms, Jagdishpur, Bhojpur. 4.

The Circle Officer, Bihiya, Bhojpur.

5.

Raj Muni Devi, wife of Lallan Rajak @ Lallan Dhobi, resident of VillageWard No. 06, Dhobi Mohalla, Bihiya, Police Station-Bihiya, DistrictBhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Respondent/s :

Mr.Addl. Advocate General 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2024 Heard the parties.

2. The present writ petition has been preferred for the following reliefs:

(i) to quash the order dated 30.01.2023 passed by the Deputy Collector, Land Reforms, Jagdishpur, Bhojpur in Case No. 48 of 2022-23 filed by the Respondent No. 5 under Bihar Land Dispute Resolution Act 2009, whereby and where under the said application was allowed by the deputy Collector, Land Reforms, Jagdishpur, Bhojpur and directed to Circle Officer, Bihiya to remove the illegal possession bearing Khata No. 605, Khesra No. 273 Area 5.31 (31⁄2 decimal) from

Patna High Court CWJC No.1519 of 2024(2) dt.09-05-2024 2/2 the petitioner. The said order was passed without giving opportunity of the petitioner. The same is exparte order. Deputy Collector, Land Reforms, Jagdishpur is creating unnecessary problems to the petitioner without notice and valid ground; (ii) to direct the respondent to protect the life and property of the petitioner.

3. Learned counsel for the State straightway objected that the order has been passed against the husband of the petitioner, Lallu Rajak where the lady/wife is pursuing the writ petition. Further, without availing the opportunity by filing a proper petition before the Bihar Land Tribunal, Patna directly approached the High Court.

4. Learned counsel for the petitioner submits that appropriate petition by an appropriate persons will be filed before the BLT, Patna.

5. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U