Bibi Goithi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7681 of 2016 ====================================================== Bibi Goithi Daughter of Late Sheikh Nabi, Resident of village- Pirpainti, P.S.- Pirpainti, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate cum Collector, Bhagalpur 3.

The District Land Acquisition Officer, Bhagalpur 4.

The Circle Officer Anchal Adhikari, Pirpainti, District- Bhagalpur 5.

Bibi Roji, Daughter of Late Sheikh Ibrar, Resident of village- Pirpainti Bazaar, P.S.- Pirpainti, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Nath Jha, Advocate For the Respondent/s :

Mr. Devendra Kr. Sinha- Aag2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and the State.

2. This writ application has been filed for the following reliefs:

(1) For issuance of writ in the nature of certiorari to quash Panchat no 296 prepared in the name of Bibi Roji, Respondent no 5 for the lands appertaining to Khata no 279, Plot no 1550(part), measuring of lands 0.17

Patna High Court CWJC No.7681 of 2016(3) dt.08-02-2024 2/3 Acres and allowed compensation amount of Rs 1154249-00 vide Panchat no 296 dated 11.6.2014.

( ii ) For issuance of writ in the nature of mandamus commanding and directing the respondents to take step for cancellation of Panchat no 296 and prepare fresh Panchat in the name of the petitioner who is the only heir of her late father namely Late Sheikh Nabi with respect of the lands in question.

(iii) For holding and declaration that petitioner is legally entitled to get compensation amount of the lands of her late father, not the Respondent no 4 who got Panchat no 296 illegally by suppression of fact or in league with the state respondents.

3. The learned counsel for the state, by referring to paragraphs 7 and 8 of the counter affidavit,

Patna High Court CWJC No.7681 of 2016(3) dt.08-02-2024 3/3 submits that that in order to decide the title, the matter has been referred to the competent L.A. Authority vide letter No. 11 (pra) dated June 7, 2016. It is further submitted that since the present matter is subjudice in L.A. Court for adjudication of title, the alleged reliefs sought for by the petitioner, cannot be granted.

4. In view of the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the petitioner to pursue the case before appropriate authority i. e,. the Land Acquisition Court, Bhagalpur.

5 . Accordingly, this writ petition is disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) Koushik/- U