Sharda Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15546 of 2018 ====================================================== Sharda Devi W/o Shiva Chandra Chaudhary, R/o Village- Mohammadpur Kazi, Near Vijay Petrol Pump Braham Asthan, N.H.-28, P.S.- Sadar, DistMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector-cum-District Magistrate, Muzaffarpur. 3.

The Circle Officer, Musahari, Anchal, Muzaffarpur. 4.

The Chief Engineer, Department of Village Development Works, Bihar, Patna.

5.

The Superintending Engineer, Village Development Works Division, Town Muzaffarpur.

6.

Executive Engineer, Village Works Division No.-1, Section Kudhani, Muzaffarpur.

7.

Asst. Engineer, Village Works Department, Awar Pramandal, Sakara, Muzaffarpur.

8.

The Officer-in-Charge- Sadar Police Station, Muzaffarpur. 9.

Prashant Thakur, S/o Late Dharbeshwar Thakur, R/o Village- Aganagar, P.S.- Manari, Dist- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Respondent/s :

Mr.Chitranjan Sinha- PAAG2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-04-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent authorities to remove the road which has been laying by the respondent No.4 to 7 upon revisional survey plot No.45 appeartaining to Khata No.26 measuring an area about 144 sq. ft

Patna High Court CWJC No.15546 of 2018(4) dt.15-04-2025 2/3 situated in revenue thana No.344 in P.S.- Sadar Revenue CircleMushari, Muzaffarpur without acquiring and consent of the landholder.

3. Counsel further submits that the petitioner had purchased the said land by virtue of two sale deeds i.e., 6661 and 6662 in the year 1997 ad measuring total area 814 sq. ft. He further submits that respondent authorities had taken the said land of the petitioner without acquiring the same. In this regard, petitioner has filed an application for demarcation of land on the order of Circle Officer on the measurement took place.

4. Counsel further submits that from the report, it is apparent that the petitioner has not encroached the land, but forcefully, the land of the petitioner has been taken by the respondents authorities.

5. Counsel further submits that in this regard, he has filed representation before the Collector, Muzaffarpur, but the Collector has also not taken any action on his representation and kept mum since 19.03.2018.

6. Counsel for the State submits that the Collector may be directed to take decision on the representation of the petitioner.

7. In this view of the matter, the present writ petition

Patna High Court CWJC No.15546 of 2018(4) dt.15-04-2025 3/3 is hereby disposed off directing the Collector, Muzaffarpur to pass a reasoned and speaking order on the representation filed by the petitioner dated 19.03.2018, on the basis of documents available as well as upon verification afresh within 90 days from the date of production of this order.

8. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U