Shakuntla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6540 of 2025 ====================================================== Shakuntla Devi Wife of Yogendar Baitha, resident of Ward No. 4, Sofwa, Narkatiaganj, West Champaran, Bihar- 845453.

... ... Petitioner

Versus

1.

The State of Bihar through the Collector West Champaran at Bettiah. 2.

The Collector West Champaran at Bettiah.

3.

The Sub-Divisional Officer Narkatiyaganj, West Champaran. 4.

The D.C.L.R Narkatiyaganj, West Champaran.

5.

The Anchal Adhikari Gonaha Block, West Champaran. 6.

Sushila Devi, Wife of Parbhu Rao, Resident of Village Pungachya P.S. Sahadana, West Champaran Bettiah.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ratan Kumar Sinha, Advocate For the Respondents :

Mr. Government Pleader (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 29-04-2025 In the instant petition, petitioner seeks following relief(s):- For issuance of a writ in the nature of mandamus commanding and directing the Respondents Authority specifically Respondent No. 5 i.e. Anchala Adhikari to get measurement the land of the petitioner and also demarcate the land with regard to possession the petitioner and passed the necessary order with the help of police. Within the time framed by this Hon'ble Court or to issue any other writ,

Patna High Court CWJC No.6540 of 2025 dt.29-04-2025 2/3 writs, order/orders, direction/directions to the Respondent Authority for which the petitioner is entitled.

2. Learned counsel for the petitioner submits that the land appertaining to Khata No. 8, Khesra No. 64 area 0-1-0 stands in the joint name of the petitioner and her husband through registered sale deed dated 04.06.2015. He further submits that petitioner filed a petition before Respondent No. 4 - The D.C.L.R Narkatiyaganj, West Champaran vide Case No. 17/2021-22 against the respondent no. 6 under the Provisions of Bihar Land Disputes Resolution Act, 2009, and after notice to the respondent no. 6 the matter was heard by the concerned authority and after hearing the parties, vide order dated 11.04.2022, Respondent No. 4 passed the final order in favour of the petitioner and directed the Respondent No. 5 - The Anchal Adhikari Gonaha Block, West Champaran to measure the land in question but no action has been taken.

3. Learned counsel for the State submits that Respondent No. 5 - The Anchal Adhikari Gonaha Block, West Champaran has issued notice to both parties for appearance, as mentioned in Annexure P/3. He further submits that Section 15 of the BLDR Act clearly indicates that execution of the order

Patna High Court CWJC No.6540 of 2025 dt.29-04-2025 3/3 passed by the competent authority has elaborately mentioned and the learned counsel for the petitioner has not approached the appropriate forum for compliance of order of the competent authority. In this way, the present writ is not maintainable.

4. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the instant writ petition stands disposed of with liberty to the petitioner to represent his grievance for compliance of the order passed by the Respondent No. 4 - The D.C.L.R Narkatiyaganj, West Champaran before the appropriate and competent authority within a period of four weeks from the date of receipt of this order. If petitioner represents his grievance within the stipulated period, the competent authority shall pass appropriate order, in accordance with law, expeditiously, preferably within eight weeks from the date of filing of his representation, after giving due opportunity of hearing to the parties concerned. (Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.04.2025 Transmission Date N/A