Smt. Maimum Nesha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19565 of 2015 ====================================================== Smt. Maimum Nesha wife of Late Md. Zabir Resident of Village- Pakar tola, Lahsania, P.s Patahi, District East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The district Magistrate, East Champaran, Motihari. 3.

The D.C.L.R. Pakri Dayal East Chamapran.

4.

The Circle Officer, Block/Circle Patahi, East Champaran. 5.

Md. Sarfuddin son of late Sheikh Raje Alam.

6.

Md. Amruddin son of late Sheikh Raje Alam Both Resident of VillageLahsania, P.s Patahi, District East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Respondent/s :

Mr.Sc7-Mithilesh Kumar Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 The present writ petition has been filed seeking the following relief:- "1. That this petition is directed for issuance of an appropriate writ/writs, order/orders, direction/ directions for commanding/directing the respondents to remove the encroachment and vacate the land of the petitioner which is encroached by Respondents no. 5 & 6. That land was given by the State Government under the Baghmati River Bandh Rehabilitation Scheme through Basgit Parcha for the construction her house upon bearing Khata 233 Khesara 324 an area of 2 Decimal in the name of the husband of the petitioner Late

Patna High Court CWJC No.19565 of 2015(2) dt.21-04-2023 2/2 Md. Zabir situated at Khoripakar Lahsania P.S. Patahi District East Champaran upon which the petitioner have taken possession and Zamabandi was also created by the State Government bearing Zamabandi no. 201 in which the Respondent no. 5 & 6 making hindrance and Encroached the land and wanted to construct their house. It is further directed to removed the encroachment upon the aforesaid."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, East Champaran at Motihari, for redressal of her aforesaid grievances. Liberty, so sought, is granted. It is needless to state that in case, appropriate representation is filed within a period of four weeks from today, the District Magistrate, East Champaran at Motihari, shall make an enquiry and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U