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Patna High CourtCWJC/4521/2024disposed

Anisha Khatoon v. The State Of Bihar

2024-06-25Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4521 of 2024 ====================================================== Anisha Khatoon Wife of Late Mohammad Taiyab, Resident of Village - Gopalpur Gopal, P.S. - Bochahan, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

District Magistrate-cum-Collector Muzaffarpur. 3.

Addl. Collector, Muzaffarpur, Dist. - Muzaffarpur. 4.

Sub-Divisional Magistrate, East Muzaffarpur.

5.

D.C.L.R., East Muzaffarpur, Dist. Muzaffarpur. 6.

Anchal Adhikari, Bochahan, P.S. - Bochahan, District - Muzaffarpur. 7.

Superintendent of Police, Muzaffarpur.

8.

Dy S.P., Muzaffarpur.

9.

The S.H.O, Bochahan P.S, District - Muzaffarpur. 10.

Ram Kishore Chaudhary, Son of Late Haricharan Chaudhary, resident of Village - Gopalpur Gopal, P.S. - Bochahan, District - Muzaffarpur (Bihar). 11.

Ram Tahal Chaudhary, Son of Late Haricharan Chaudhary, resident of Village - Gopalpur Gopal, P.S. - Bochahan, District - Muzaffarpur (Bihar). 12.

Ram Dhani Chaudhary, Son of Late Haricharan Chaudhary, Resident of Village- Etwarpur Jaiti, P.S. - Bochahan, District- Muzaffarpur (Bihar). 13.

Ram Jiwan Chaudhary, Son of Late Haricharan Chaudhary, Resident of Village- Etwarpur Jaiti, P.S. - Bochahan, District- Muzaffarpur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate Ms. Ritambra Kumari, Advocate For the Respondent/s :

Mrs. Shobha Chaubey, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2024 Heard Mr. Arun Kumar duly assisted by Mrs. Ritambra Kumari, for the petitioner as also Mrs. Shobha Chaubey, learned AC to GP-19.

2. The present writ petition has been preferred for the grant of following relief/s:- "i) To issue a writ of mandamus or any other writ or writs, direction or directions, commanding upon the respondents not to fill up and restrain them constructing any structure

Patna High Court CWJC No.4521 of 2024(2) dt.25-06-2024 2/2 over the land bearing old Khesra No. 283 & 302 of Khata No. 6 New Khesra No. 304, 305 respectively, New Khata No. 242 from which Chak No. 131 Area, 1 Acres, 98 decimal Chak Khata No. 303 and Chak No. 132 Area 31 decimal Chak Khata No. 6 situated in Village Gopalpur Gopal, P.S & Anchal- Bochahan, in the District of Muzaffarpur, which is Masjid Land of which the petitioner is mutwali appointed by the Waqf Board, Patna, but the Respondent No. 10 to 13 forcibly wants to capture the aforesaid Masjid land.

(ii) To pass any such other order or orders as this Hon'ble Court thinks fit & proper under the facts & circumstances of this case."

3. After some argument, learned counsel for the petitioner submits that she shall be approaching the appropriate authority/competent Civil Court for the redressal of his grievance in next four weeks.

4. Granting said liberty, the writ petition stands disposed of.

5. If she approaches the appropriate authority/competent Civil Court for redressal of his grievance, the same shall be expeditiously decided.

(Rajiv Roy, J) Adnan/- U