Most. Bhagmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8731 of 2023 ====================================================== Most. Bhagmani Devi Wife of Late Bramhadev Shah @ Bramhadev God @ Bramhadev Gond, Village-Husena Bangra, Cirlce-Siswan, P.O.-Ansar, P.S.- Majrulhaque Nagar, District-Siwan, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Patna. 2.

The Principal Secretary, Department of Land Revenue, Bihar. 3.

The District Magistrate, Siwan.

4.

The Superintendent of Police, Siwan.

5.

The Add. District Magistrate, Siwan.

6.

The Land Reforms Deputy Collector, Sadar, Siwan. 7.

The Circle Officer, Siswan, Siwan.

8.

The Officer-in-Charge, P.S.-P.S.-Majrulhaque Nagar, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Pankaj, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024 The defect, as pointed out by the registry, is ignored. 2.

The present writ petition has been filed seeking the following reliefs:- "1(i). To issue Writ of Certiorari or any other appropriate Writ order to set aside the Notice dated 14.04.2023 (Annexure -3) issued by the Respondent No. 7 in the name of the deceased husband of the Petitioner.

(ii). To issue consequential Writ of Mandamus or any other appropriate Writ order to Respondents particularly, Respondent No.4 to 8 to restrain from demolishing or removing any immovable

Patna High Court CWJC No.8731 of 2023(2) dt.05-07-2024 2/2 structure erected on the Petitioner's ryati land bearing Mauza Bangra, Thana No. 453, Khata No. 135, Survey Khesra No. 489, Rakwa- 16 Dhur, without following the due procedure of law.

(iii). To issue Writ / Writs or any other appropriate order to set aside and hold the proceedings in Encroachment Case No. 03/202223 as mentioned in the aforesaid Notice dated 14.04.2023 (Annexure-3), as illegal since the Petitioner was never made a party nor issued any notice before concluding the same."

3.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

4.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U