Shilpa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2394 of 2025 ====================================================== Shilpa Kumari W/o Kamlesh Kumar Singh Resident of Village-Parora, P.O.- Sanha Ward No.10, P.S.-Sahebpur Kamal, District-Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Begusarai. 2.

The Superintendent of Police, Begusarai.

3.

The Sub-Divisional Officer, Balia, Begusarai. 4.

The D.C.L.R. Balia, District-Begusarai.

5.

The Circle Officer, Sahebpur Kamal, Begusarai. 6.

Amarjit Kumar Singh @ Munna Singh Son of Chandramauli Singh Resident of Village-Parora, P.O. Sanha Ward No.10, P.S.-Sahebpur Kamal, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. A.A.G.-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-02-2025 Heard learned Counsel for the parties.

2. The present petition has been filed for the following reliefs:- (i) For issuance of writ/ writs of mandamus seeking direction/ order commanding the authority for removal of unauthorized/unlawful and illegal occupants found by the authorities over the petitioner's purchased land through registered sale deed on 10.01.2020 the Mutation and Jamabandi of which are also running in the name

Patna High Court CWJC No.2394 of 2025(2) dt.20-02-2025 2/3 of petitioner and as such petitioner's became owner of the land in question.

(ii) For removal of illegal occupant i.e.

Respondent No.6, who was found to be in an unlawful and illegal occupant over the purchased land of the petitioner.

(iii) Article 300 A read with Article 21 of the Constitution of India cast duty and an obligation upon the State to protect the life and property from illegal and unauthorized intervention by third person i.e. Respondent No.6, the petitioner seeks direction over the respondent authority by this Hon'ble court for removal of the illegal and unauthorized occupant, hence this writ application.

3. The main grievance of the petitioner is that the order of Circle Officer as well as the D.C.L.R. is existing in his favour and in their orders, both the Authorities have found the case of the petitioner true but still both orders are not complied with.

4. If it is so, the Circle Officer shall comply his own order which was subsequently confirmed by the D.C.L.R.. It is

Patna High Court CWJC No.2394 of 2025(2) dt.20-02-2025 3/3 expected that compliance shall be made within a period of three months, in accordance with law.

5. With these observation(s), the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Neha/- U