Ramsen Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4431 of 2024 ====================================================== Ramsen Devi Wife of Late Mahendra Mishra Resident of Village-Manserpur, P.S.-Balia, District-Begusarai, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretaty, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.
2.
Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Panta.
3.
Commissioner, Munger Division, Munger.
4.
D.I.G., Begusarai Division, Begusarai.
5.
District Magistrate Cum Collector, Begusarai. 6.
District Land Reforms Deputy Collector, Balia, Begusarai, DistrictBegusarai. 7.
Sub Divisional Officer, Balia, P.S.-Balia, District-Begusarai. 8.
Circle Officer, Balia, P.S.-Balia, District-Begusarai. 9.
Officer-in-Charge, Balia, P.S.-Balia, District-Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alka Singh, Advocate For the Respondent/s :
Mr. Sumant Kumar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2024 Heard Mrs. Alka Singh, learned counsel for the petitioner and learned AC to GA-2.
2. The present writ petition has been preferred for the grant of following relief/s:- "I. That the present Writ application is being filed in the nature of Mandamus for a direction to the District Magistrate cum Collector, Begusarai along with the Superintendent of Police, Begusarai to protect the land existing in Mauja/
Patna High Court CWJC No.4431 of 2024(2) dt.25-06-2024 2/3 Thana No. 618 existing in the name of Ramsen Devi, Khata No. 140, Plot No. 93, Area 18 decimals( hereinafter referred as 'Property') on the ground that the land has been allotted to the present Petitioner through Settlement Case No. 2/1998-1999, the rent receipts are being paid by the petitioner, the LPC is being issued in favour of the Petitioner.
II. That the present writ application is being filed in the nature of Mandamus for a direction to the Circle Officer, Balia, Begusarai to open a case for measurement of the land in question under the provisions of the Bihar Tenancy (Amendment) Rules, 2018 for measurement of the land and also to get possession of the property in question as per the measurement in accordance with law;
III. That the present writ application is filed in the nature of the Mandamus to the Superintendent of the Begusarai, District Magistrate Begusarai, and Circle Officer, Balia, Begusarai to decide the representation dated 01.02.2024 and further to act in the accordance of the law within the reasonable period of time. IV. And pass any such other order/ orders as this Hon'ble Court deem fit and proper."
3. It is the case of the petitioner that the land in question (situated at Mauja Menserpur, Thana No. 618, Tauji No. 5253, Khata No. 140, Plot No. 93, Area-18 decimal having boundary as North-Raghunandan Paswan, South-Eitwari Rajak,
Patna High Court CWJC No.4431 of 2024(2) dt.25-06-2024 3/3 East- Road, West - own land) was settled in her favour in Land Settlement Case No. 2/1998-1999 in the year 1998 itself. But when it wanted to construct boundary, the same is being disturbed. She preferred representation before all the necessary respondents whereafter the writ petition.
4. Learned State counsel submits that he could have approached the respondent No. 7, the Sub-Divisional Officer, Balia, Begusarai instead of making representation before all the functionaries of the State of Bihar.
5. In that background, learned counsel for the petitioner submits that a proper petition will be preferred before the respondent No. 7, Sub-Divisional Officer, Balia in next four weeks.
6. The writ petition stands disposed of with the observation that if the petition is filed within four weeks, the same shall be taken to its logical conclusion within next four months after hearing all the parties.
(Rajiv Roy, J) Adnan/- U