Amola Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2187 of 2026 ====================================================== Amola Devi W/o- Chandeshwar Thakur, Ward No- 10, Dhamiapatti, P.O.- Dhamiapatti, Dist- Madhubani, Bihar- 847226.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3.
The District Magistrate, Madhubani.
4.
The Superintendent of Police, Madhubani.
5.
The Sub-Divisional Officer, Jaynagar, Madhubani. 6.
The Sub-Divisional Police Officer, Jaynagar, Madhubani. 7.
The Public Grievance Redressal Officer, Jaynagar, Madhubani. 8.
The Deputy Collector, Land Reforms, Jaynagar, Madhubani. 9.
The Circle Officer, Jaynagar, Madhubani.
10.
The Station House Officer, Deodha, Madhubani. 11.
Ramvilas Sada, S/o- Sukhdev Sada, Resident of Vill.- Dhamiyapati, P.S.- Deodha, P.O.- Dhamiyapati, Anchal- Jaynagar, Distt.- Madhubani. 12.
Kisun Sada, S/o- Sukhdev Sada, Resident of Vill.- Dhamiyapati, P.S.- Deodha, P.O.- Dhamiyapati, Anchal- Jaynagar, Distt.- Madhubani. 13.
Bhola Sada, S/o- Buddhu Sada, Resident of Vill.- Dhamiyapati, P.S.- Deodha, P.O.- Dhamiyapati, Anchal- Jaynagar, Distt.- Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhankar Raj, Adv.
Mr. Umesh Kumar, Adv.
For the Respondent/s :
Mr. Standing Counsel (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2026 Heard Mr. Umesh Kumar, learned counsel for the petitioner and the State.
2. The present application has been preferred for the following relief(s):
(i) For issuance of writ in the
2/4 nature of Mandamus or any other appropriate writ for commanding the respondent authorities to strictly comply with and implement the order dated- 15/02/2017 passed in Complaint Case no.
505110125061600038, by the Public Grievance Redressal Officer, Jaynagar, Madhubani, whereby the SDO, Jaynagar has been directed to take necessary action under the provision of the Code of Criminal Procedure (now BNSS).
ii) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent authorities to forthwith comply with and implement the order dated02/01/2024, passed in BLDR Case no.- 33/2022-23 by the Deputy Collector Land Reforms, whereby and whereunder the Circle Officer, Jaynagar has been directed to comply the order dated-15/02/2017 passed in complaint case no.-505110125061600038 by the Public Grievance Redressal Officer, Jaynagar, Madhubani iii) For issuance of writ in the nature of Mandamus or any other appropriate writ for commanding the respondent authorities to forthwith remove the illegal encroachment and vacate the land pertaining to Khata no.-202, Khesra no.-
3/4 500,501 (old); 960(new); Rakba- 0-8-0(eight Katthas), situated in Mauja- Dhamiyapati, Thana no.- 12, Anchal- Jaynagar, Dist.- Madhubani, lawfully purchased in the name of the petitioner's Late husband; namelyChandeshwar Thakur, which is presently under unauthorized and illegal occupation of the private respondents.
iv) For issence of any other appropriate writ, order(s) or direction(s) which your Lordships may deem fit and proper in the facts and circumstances of the case.
3. The matter relates to a piece of land, details of which stands incorporated in the prayer portion and need no repetition.
4. The claim is that in the year 2017 itself (15.02.2017), an order was passed favoring the petitioner but has not been complied.
5. Learned State Counsel submits that nine years have elapsed in the matter and it is high time that the petitioner move before the respondent, Sub-Divisional Officer, Jaynagar, Madhubani (respondent no. 5), if she has fresh grievance.
6. Having heard the parties, this Court is also of the opinion that the widow who is aggrieved in the matter should move before the respondent no. 5, the Sub-Divisional
4/4 Magistrate, Jaynagar, Madhubani who is duty-bound to look into the case, issue notice to necessary parties and pass an appropriate order in accordance with law. The entire process has to be completed within the time frame stipulated therein, the writ petition is disposed of with aforesaid observation. (Rajiv Roy, J) Vijay Singh/- U