Lakshmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3985 of 2024 ====================================================== Lakshmi Devi Wife of Dhananjay Mandal, D/o Damodar Mandal, Resident of Mohalla- Shantitolla Fasia P.O.-Tingachhiya, P.S.-Town Thana Katihar, District-Katihar 854103.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Director General of Police, Bihar, Patna. 3.
The Divisional Commissioner, Purnea.
4.
The District Magistrate, Katihar.
5.
The Superintendent of Police, Katihar.
6.
The Deputy Collector Land Reforms, Katihar.
7.
The Sub-Divisional Officer, Sub-Division Katihar, District-Katihar. 8.
The Circle Officer, Sadar Katihar, Circle-Katihar, District-Katihar. 9.
The Officer-in-Charge, Sadar Thana Katihar, District-Katihar. 10.
Mamta Devi Wife of Anil Kumar Poddar Resident of Mohalla-Shantitolla Fasia, P.O.-Tingachhiya, P.S.-Town Thana Katihar, District-Katihar 854103. 11.
Sri Anil Kumar Poddar Son of Late Deonath Poddar Resident of MohallaShantitolla Fasia, P.O.-Tingachhiya, P.S.-Town Thana Katihar, DistrictKatihar 854103. 12.
Pawan Kumar Poddar Son of Late Anil Kumar Poddar Resident of MohallaShantitolla Fasia, P.O.-Tingachhiya, P.S.-Town Thana Katihar, DistrictKatihar 854103. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyank Samdarshi, Advocate For the State :
Mr. Mujtabaul Haque, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following reliefs:- "1(i) For direction upon the Respondents to take immediate and appropriate action, in accordance with law, to ensure that the life
Patna High Court CWJC No.3985 of 2024(2) dt.13-05-2024 2/3 and personal property of the Petitioner is protected from the Private Respondent No.10, 11 & 12, who being an anti-social element are harassing the Petitioner by forcefully taking possession of the existing building along with land and house hold articles property of the Petitioner and her children ousted also over which the Petitioner had continuous possession for over 6 years since its purchase through registered sale deed which not only constitutes a constitutional right under Article 300 A of the Constitution but also a fundamental right under Article 21 of the constitution and the Petitioner has been dispossessed by Private Respondents illegally occupying the house constructed by the Petitioner on her purchased land purchased from the Private Respondent No.10 in the facts and circumstances mentioned herein below.
(ii) For ensuring the handover of the possession of the property of the Petitioner, from the illegal forceful possession of the Private Respondents, which has been constructed on her purchased land as per boundaries mentioned on Registered sale Deed and map attached in the sale deed which covers the land of plot no.496 Kha entire area of 3.600 decimals and land of plot
Patna High Court CWJC No.3985 of 2024(2) dt.13-05-2024 3/3 no.496 Ka has part area 0.600 decimals, admeasuring 4 decimals 2 kadi, situated at Mohalla Shanti Tolla Fasia, P.S. - Town Thana Katihar, under Ward No.44 and M.S. Ward No.31 within the Katihar Nagar Nigam, Circle - Katihar and District - Katihar."
2.
At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.
3.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) kanchan/- U