Kumari Devi @ Kuvri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2947 of 2025 ====================================================== 1.

Kumari Devi @ Kuvri Devi Wife of Surendra Yadav, Resident of Village - Dellua, P.S. - Govindpur, District- Nawada.

2.

Gariban Yadav @ Gariban Parsad Yadav Son of Bhagirath Yadav, Permanent resident of Village - Dellua, P.S. - Govindpur, District- Nawada. At present residing at WZ -250 J-87, Tihar Village, Tilak Nagar, West Delhi - 110018. 3.

Sudhir Yadav Son of Chando Yadav Resident of Village - Sira Belaru, P.S. - Antari, District- Gaya, Presently residing at Bhadauni, P.S. and DistrictNawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Divisional Commissioner, Magadh Division, Gaya.

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The Collector - cum - District Magistrate, Nawada. 4.

The Deputy Collector Land Reforms, Nawada.

5.

The Circle Officer, Nawada Sadar, District Nawada. 6.

Md. Faiyaz Ahmad Son of Late Gulam Gous, Resident of Mohalla - Darji Tola, Nawada, P.S. and District - Nawada.

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

For the Petitioner/s :

Mr.Sudhir Kumar Singh For the Respondent/s :

Mr.Government Pleader (10) For the State :

Mr. K.P. Gupta, GP-10 Ms. Deepanjali Gupta, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2025 Heard the parties.

2. The present writ petition has been filed by the petitioner for following reliefs:- (i) For issuance of a writ in the nature of Certiorari for quashing for quashing/ setting aside the order dated 14.12.2023 passed by the Divisional Commissioner, Magadh Division, Gaya in Land Dispute Resolution Appeal No. 69 of 2022 whereby

Patna High Court CWJC No.2947 of 2025(2) dt.27-02-2025 2/2 and whereunder the order dated 22.04.2022 passed by the Deputy Collector Land Reform, Nawada Sadar in Case No. 01/2021-22 has been affirmed holding that "no evidence was produced with regard to the Plot No. 1588 to establish the right over the land".

(ii) For issuance of a writ in the nature of Certiorari for quashing for quashing/ setting aside the order dated 22.04.2022 passed by the Deputy Collector Land Reform, Nawada Sadar in Case No. 01/2021-22 whereby and whereunder the case of the Respondent No. 6 has been allowed and ordered the Circle Officer, Nawada Sadar to ensure the removal of the encroachment from the land of the Respondent No. 6 within a month.

(iii) For directing the respondents to maintain status quo over the land in question till the disposal of the present writ application.

(iv) For any other relief/ reliefs if petitioner found entitle in the facts and circumstances of the present case.

3. An alternative remedy is available under Section 9 of the Bihar Land Tribunal Act, 2009 (hereinafter referred as 'the Act'.

4. The petitioner, if so advised, may take the recourse of alternative remedy under Section 9 of the Act.

5. With these observations, the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) kundan/- U