Ram Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10541 of 2019 ====================================================== Ram Dulari Devi Widow of Late Chandreshwar Singh Resident of village Jhikti, Post office- Khairwa, Police Station- Kurahani, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Department of Home, Government of Bihar, Old Secretariat Building, Patna- 800015. 2.

The Chief Secretary Government of Bihar, Patna. 3.

The Divisional Commissioner Tirhut Division, Muzaffarpur. 4.

The District Magistrate Muzaffarpur.

5.

The Sub Divisional Officer West, Muzaffarpur. 6.

The Deputy Collector Land Reforms, Muzaffarpur. 7.

The Circle Officer Kurhani, District- Muzaffarpur. 8.

Rambhu Thakur Presently posted as Circle Officer, Kurahani, resident of village and post office Turki, Police Station Turki, District- Muzaffarpur. 9.

Superintendent of Police Muzaffarpur.

10.

Officer- in- Charge Kurahani Police Station, Muzaffarpur. 11.

Ramesh Kumar Singh S/o Late Ramrekha Singh Resident of Vill.- Jhikti, P.O.- Jhikti, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Sanjay Kumar Verma, Advoate For the Respondent Nos.1 to 10 :

Mr. Md. N. H. Khan (SC-1) Ms. Babita Kumari, AC to SC-1 For Respondent No.11 :

Mr. Ranjan Kumar Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-04-2023 In the instant writ petition, petitioner has prayed for the following relief(s):- "1. That this is an application praying for issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the respondents not to

Patna High Court CWJC No.10541 of 2019(3) dt.17-04-2023 2/3 disturb/dispossess the petitioner, widow of the ExArmy personnel and her family members from the property appertaining to Khata No. 433 Survey Plot No. 692, area 0.70 decimals situated at villJhikti, P.O.-Karma, District- P.S.-Kurhani, District-Muzaffarpur as under settlement in favour of the late husband of the petitioner, an ExArmy Personnel, the Warrior of 2nd Indo Pak War, 1965 being facilitated under policy decision of the Government so restraining respondent no.11 who with tacit support of the local Administration went on/go on destroying/alienating the petitioner's property purporting to dispossess the petitioner and her family members from the said property following; under settlement inter alia, the following;

Reliefs:- (i) The respondents be restrained from protruding the Petitioner and her family from the property under settlement in favour of her husband Ex-Army Personnel with allowing the family members of said Ex-Army Personnel to enjoy the property with all right, title. interest and possession over the same.

(ii) Concerned respondents particularly respondent no.11 be restrained from interfering or alienating the said property in possession of Petitioner's family from last 50 years so by the use of force.

(iii) The respondents be directed to protect the petitioner and her family members from dispossession as under the illegal and arbitrary manner without following the due procedure of; (iv) The respondents be directed to grant all the consequential benefits to the Petitioner for which she is legally entitled to in the circumstances of the case. facts and (v) Any other relief or reliefs be granted to the petitioner as she is legally entitled in the facts and circumstances of the case."

Patna High Court CWJC No.10541 of 2019(3) dt.17-04-2023 3/3

02. There is a dispute relating to title of subject matter of property. The disputed issues cannot be adjudicated under Article 226 of the Constitution of India in a writ jurisdiction, in particularly, title of particular piece of property.

03. At this stage, it is necessary to taken note of Apex Court's decision in the case of Shubhas Jain vs. Rajeshwari Shivam and Ors, (2021) SCC Online SC 562 (Para-26) wherein the Apex Court has held that the disputed issues cannot be adjudicated under Article 226 of the Constitution of India in the writ jurisdiction. Therefore, the petitioner has not made out a prima facie case.

04. Accordingly, the writ petition stands dismissed, reserving liberty to the petitioner to invoke appropriate forum. (P. B. Bajanthri, J) (Arun Kumar Jha, J) Ashish/- Himanshu/- U