Ram Ruchi Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.645 of 2015 ====================================================== Ram Ruchi Devi, wife of late Ajay Singh, resident of village Dhandhar, P.O. Dhandhar, P.S. Wazirganj, District Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Gaya

3. The District Certificate Officer, Gaya

4. The Circle Officer, Wazirganj, Gaya

5. The Special Land Acquisition Officer, Patna, Flood Security Planning, Patna

6. Sunil Singh, son of late Ramashreya Sharma, resident of village Dhandhar, P.S. Wazirganj, District Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Ga10- Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-01-2015 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application: "That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions for quashing the certificate proceeding being numbered as Certificate Case No. 01/2013-14 initiated against the petitioner for recovery/ realization of Rs.2,18,093/- which was received by the petitioner in lieu of acquisition of land appertaining to Khata no.64, plot no. 3084 area 46 dismal the ancestral land of the petitioner which was exclusively in her possession and being the lawful owner received compensation amount after thorough enquiry. However, later on who has nothing to do with the land in question filed an objection and got the certificate proceeding initiated without any proper enquiry or without any

Patna High Court CWJC No.645 of 2015 (2) dt.21-01-2015 consideration of the cause shown by this petitioner regarding her title, right and possession on the land in question."

After some argument learned counsel for the petitioner seeks permission to withdraw this application in order to enable the petitioner to appear before the Certificate Officer within a period of one month from today and also file an objection under section 9 of the Bihar Public Demand Recovery Act. This application is, accordingly, permitted to be withdrawn with the aforementioned liberty.

It goes without saying that if the petitioner appears within a period of one month from today and files an objection under section 9 of the Act, the Certificate Officer without being governed by his earlier order of taking coercive measure will pass an appropriate order on the objection of the petitioner in accordance with law.

(Mihir Kumar Jha, J) surendra/- U