Lalita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19581 of 2016 ====================================================== Lalita Devi Sheonath Chaudhary Resident of Village-Sikandarpur, P.S.- Maharajganj, P.O.-Ratanpura, District-Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue & Land Reforms, Government of Bihar, Patna.

2.

The District Magistrate, Siwan.

3.

The Sub Divisional Officer, Siwan.

4.

The Dy. Collector, Land Reforms, Maharajganj, District-Siwan. 5.

The Circle Officer, Maharajganj, District-Siwan. 6.

Rajendra Singh Son of Late Byas Singh Resident of Village-Sikandarpur, P.S.-Maharajganj, P.O.-Ratanpura, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy- GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2023 The present writ petition has been filed seeking the following reliefs :- " (i) To issue a writ in the nature of Certiorari to quash and cancel the Notice dated 12.09.2016 issued under the seal and signature of Circle Officer Maharajganj.

Siwan whereby and whereunder he has issued notice to the different parties including the petitioner for measurement of land bearing Khata no. 133 Survey Plot No.

1461, Area 1-19-16 dhurs for extracting road therefrom which is contrary to the order dated 08.06.2012 passed in B.L.D.R. Case

Patna High Court CWJC No.19581 of 2016(2) dt.10-04-2023 2/2 no. 33 of 2011-12, by learned DCLR Maharajganj, Siwan.

(ii) To issue a writ in the nature of Mandamus to not disturb the said land under reference of petitioner which are exclusive land of petitioner in terms of all requisites / papers and as also in terms of the order dated 08.06.2012 passed by learned DCLR Maharajganj, Siwan and in terms of order dated 31.08.2015, passed in BLDR Appeal No. 179 of 2012 by learned Divisional Commissioner, Saran.

(iii) To hold and declare that the land under reference is exclusive land of petitioner and none can encroach there on.

(iv) To restrain the respondents to disturb and harass the petitioner irrationally, illegally and unwarrantedly."

At the outset, the learned counsel for the petitioner submits that the petitioner has already filed a Title Suit before the learned civil court, hence, he be granted liberty to prosecute the same. Liberty so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) rinkee/- U