Tetri Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17213 of 2018 ====================================================== Tetri Devi Wife of Late Shankar Mahto resident of village Lakri, Dargah, P.S. Barharia, District Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Saran Division, Chapra.

3. The District Magistrate, Siwan.

4. The Land Reforms Deputy Collector, Siwan.

5. The Sub Divisional Officer, Siwan.

6. The Circle Officer, Barharia, Siwan.

7. The Revenue Karamchari, Barharia, Siwan.

8. Deodhari Sah Son of Nageshwar Sah

9. Pappu Sah Son of Deodhari Sah Both residents of village - Lakri Dargah, P.S. - Barharia, District - Siwan.

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Respondent/s :

Mr. Sanjay Kumar Goswami AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and the State. Following are the reliefs, sought for by the petitioner in the present writ application:

"(i) For issuance of appropriate writ(s), order(s) or direction(s) for commanding the respondentsauthorities especially respondents No. 3 & 5 to remove the encroachment made by the private respondent on Gairmajarua Parti Kadim Land appertaining to Thana No. 289, Khata No. 304, Survey Plot No. 1029, area-0.2.3 acre, which has been used by the petitioner and other co-villagers for ingress and outgress of their respective houses though an application was given before the District Magistrate (respondent No. 3) by the petitioner and others on 18-05-2018. Thereafter, an enquiry was made by the Revenue Karamchari

Patna High Court CWJC No.17213 of 2018(2) dt.16-01-2019 2/2 (respondent No. 7) and submitted the report before Circle Officer, Barharia, Siwan (respondent No. 6) but no further action has been taken for removing the encroachment.

(ii) Seeking Hon'ble Court indulgence for commanding the respondent authorities especially respondents No. 3 & 6 to remove the encroachment made by the private respondent on the land appertaining to Thana No. 289, Khata No. 304, Survey Plot No. 1029, area-0.2.3 acre as said land has been utilized by the petitioner and other co-villagers as a public road/lane".

Considering the relief sought for in the present writ application, the petitioner is directed to file a fresh representation for redressal of her grievance before the District Magistrate, Siwan (respondent No. 3) within a period of 30 days from today. The respondent No. 3 is directed to examine the grievance of the petitioner and after hearing all the concerned parties, pass an appropriate order in accordance with law within a period of four months from the date of filing of such representation.

With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U