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Patna High CourtCWJC/4549/2023disposed

Rita Devi v. The State Of Bihar

2023-08-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4549 of 2023 ====================================================== Rita Devi W/o Amindra Safi, 8Village- Bardepur, P.o.- Kalikapur, P.S.- Kaluahi, Kalikapur, District- Madhubani, Bihar- 847228 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Sub-Divisional Officer, Madhubani.

4.

The Anchal Adhikari, Kaluahi Anchal, District- Madhubani. 5.

The Circle Inspector, Kaluahi Anchal Office Madhubani. 6.

The Halka Karmchari, Anchal Officer, Kaluahi, District- Madhubani. 7.

Geeta Devi W/o Lalit Safi Village- Bardepur, P.O.- Kalikapur, P.S.- Kaluahi, Kalikapur, District- Madhubani, Bihar- 847228 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Prasad, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner, learned counsel for the respondent no. 7 (appeared suo moto) and learned counsel for the State.

2. The present writ application has been filed directing the respondent State to remove the encroachment land in question bearing Old Khata No. 927, New Khata No. 2171, Old Khesra No. 1654 and New Khesra No. 761, Area 5 decimal of Mauza- Kalikapur, Anchal- Kaluahi in the District of Madhubani over which the said land was alleged to the petitioner under the Basera Abhiyan from the State Government.

Patna High Court CWJC No.4549 of 2023(2) dt.09-08-2023 2/2

3. Learned counsel for the petitioner submits that respondent no. 7 has illegally dispossessed the petitioner from her land.

4. Learned counsel for the State submits that the Bihar Land Disputes Resolution Act, 2009, [Bihar Act 4 of 2010] has specially been enacted to deal such types of situation.

5. In this view of the matter, the present writ application is disposed of directing the petitioner to move before the D.C.L.R, Madhubani under the provisions of the Bihar Land Disputes Resolution Act, 2009 within 4 weeks from today and the D.C.L.R., Madhubani is directed to pass order upon hearing all the concerned parties.

(Dr. Anshuman, J.) sadique/- U