Patna High CourtCWJC/17851/2013dismissed

Anita Saha @ Nikki v. The State Of Bihar And ORS

2016-06-28Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17851 of 2013 =========================================================== Anita Saha @ Nikki Wife Of Sri Ashok Prasad And Daughter Of Binod Kumar Lal Resident Of Village, P.O. And P.S.- Chanchal, District- Malda (West Bengal), Presently Residing At C/O Binod Kumar Lal, Purani Bazar, Mahabir Asthan, Ward No. 11(New), P.S.- Sitamarhi, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Collector, Sitamarhi, District- Sitamarhi

2. Smt. Geeta Lal Gupta Wife Of Sri Binod Kumar Law Resident Of "Geeta Bhawan", Purani Bazar, Mahabir Asthan, Ward No. 11(New), P.S.- Sitamarhi, District- Sitamarhi

3. Binod Kumar Lal Son Of Late Abhimanyu Lal Resident Of "Geeta Bhawan", Purani Bazar, Mahabir Asthan, Ward No. 11(New), P.S.- Sitamarhi, DistrictSitamarhi .... .... Respondent/s =========================================================== Appearance :

For the State Mrs. Neelam Prasad, AC to G.P25 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 28-06-2016 No one appears on behalf of the petitioner.

Heard the counsel for the State.

A counter affidavit on behalf of respondent no.1 is filed. There is no rejoinder thereto.

The writ application prays for quashing of the order dated 07.11.2012 passed by the Secretary of the District Legal Service Authority, Sitamrahi in Case No. PL (Misc.) 36 of 2012 rejecting the application filed by the petitioner to declare her title over the land in question. On going through the order dated 07.11.2012 (Annexure-4), it appears that the authority having found the application not maintainable, declined to accept the same. The respondents have stated that a declaration of title under the scheme of the Act by the Lok Adalat or the District Legal Services Authority

Patna High Court CWJC No.17851 of 2013 dt.28-06-2016 2/2 cannot be made. The application was wholly misplaced and rightly rejected under the impugned order. This Court does not find any patent illegality in the order. The writ application is dismissed.

(Kishore Kumar Mandal, J) HR/- U