Badhni Devi @ Vadani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8164 of 2019 ====================================================== Badhni Devi @ Vadani Devi, Wife of Late Raushan Sahni Resident of Village- Mahmadpur, P.S.- Karja, Anchal Morwan, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

District Magistrate Muzaffarpur.

3.

Sub- Divisional Officer Muzaffarpur West, District- Muzaffarpur. 4.

Sagarath Sahni Son of Late Bujhawan Sahni Resident of VillageMahmadpur, P.S.- Karja, District- Muzaffarpur. 5.

Ram Surat Sahni Son of Late Sri Sahni Resident of Village- Mahmadpur, P.S.- Karja, District- Muzaffarpur.

6.

Bishwanath Sahni Son of Late Sri Sahni Resident of Village- Mahmadpur, P.S.- Karja, District- Muzaffarpur.

7.

Jairam Sahni Son of Late Baidyanath Sahni Resident of VillageMahmadpur, P.S.- Karja, District- Muzaffarpur. 8.

Paspat Sahni Son of Late Daroga Sahni Resident of Village- Mahmadpur, P.S.- Karja, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Rakesh Kumar Srivastava, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 It is the petitioner's case that private respondent nos. 5 to 8 intend to assume possession over the land, which belongs to the her. It has also been asserted that respondent nos. 5 and 6 had encroached upon the petitioner's land illegally. My attention has been drawn to an order, dated 02.05.2017, whereby the Additional Collector, Muzaffarpur, has cancelled jamabandi, which was created in the name of son of

Patna High Court CWJC No.8164 of 2019(2) dt.24-04-2019 2/2 respondent no. 4.

The nature of dispute as raised in the present writ application, cannot be gone into in a proceeding under Article 226 of the Constitution of India, which apparently involves complex dispute of possession, which can be adjudicated upon by a competent court of civil jurisdiction.

If the petitioner has a grievance that someone is unnecessarily interfering with her peaceful enjoyment of the properties belonging to her, she can avail statutory remedy under the Bihar Right to Public Grievance Redressal Act, 2015 (in short 'the Act'). If there is no dispute on the questions of title and possession of the petitioner over the land, in question, and any application is made to the Public Grievance Redressal Officer, the Public Grievance Redressal Officer has jurisdiction to take appropriate step under the Act for redressal of the petitioner's grievance.

This application stands disposed of with the liberty to the petitioner to invoke the provisions of the Act. (Chakradhari Sharan Singh, J) Ashish/- U