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Patna High CourtCWJC/1890/2020disposed

Reymad Chaurhe v. The State Of Bihar

2022-07-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1890 of 2020 ====================================================== Reymad Chaurhe Wife of Late Bhim Murmu, Resident of Village- Olipur, Police Station- Manihari, District- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Officer-cum-Collector, Katihar 2.

The Circle Officer, Manihari, Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2022 The present writ petition has been filed seeking the following reliefs:- "(I) For direction to the Respondents authorities to take suitable steps for making permanent settlement of lands appertaining to Mauza Fatehnagar, Thana No. 287, Khata No. 1101, Khesra Nos. 3335, 3432, Area 1.32 Acre (0.82+0.50 decimal respectively) in favours of the petitioner who has been in continuous possession and in actual cultivation over it in more than 40 years and in pursuance thereof the Respondent no. 2 subsequently settled it in favour of the petitioner's year to year settlement vide settlement Case No. 9 of 2007-08.

(II) For quashing the proceedings of encroachment Case No. 10 of 2019-20 and the notice dated 04.09.2019 bu which the Respondent authorities mechanically and illegally directed this petitioner to

Patna High Court CWJC No.1890 of 2020(2) dt.14-07-2022 2/2 make oust herself from the land appertaining to Mauza Fatehnagar, Thana No. 287, Khata No. 1101, Khesra No. 3335, Area 82 decimal without considering the actual position of the case." At the outset, the learned counsel for the petitioner seeks liberty to approach the Circle Officer, Manihar, Katihar by filing appropriate objection/ representation. Liberty so sought is granted.

It is needless to state that in case appropriate objection/ representation is filed within a period of four weeks from today, the Circle Officer, Manihari, Katihar, shall consider his case and take appropriate decision in accordance with law. The petition stands disposed of on the aforesaid terms. (Mohit Kumar Shah, J) Tiwary/- U