Patna High CourtCWJC/15427/2018disposed

Deventi Devi v. The State Of Bihar And ORS

2019-01-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15427 of 2018 ====================================================== Deventi Devi wife of Kedar Prasad, resident of Village- Tekuna, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The District Magistrate, Gaya.

3. The Sub Divisional Officer Sadar, Gaya.

4. The Anchal Adhikari Bodh Gaya

5. The Revenue Karamchari Bodh Gaya

6. Sheela Devi wife of Gorakh Singh Yadav

7. Gorakh Singh Yadav, son of Suraj Singh Yadav (Employee of B.M.P. Gaya)

8. Krishna Kumar

9. Manu Kumar

10. Akshya Kumar All sons of Gorakh Singh Yadav All resident of VillageMastpura Opposite B.M.P. Office Gaya, P.S. Bodh Gaya, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Respondent/s :

Mr.Sajid Salim Khan -Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard the parties.

Following relief has been sought for in paragraph 1 of the present application on behalf of the petitioner: "That this is an application for issuance of direction directing the respondents to remove the encroachment from the land of the petitioner having Khata No. 96, Plot No. 585 situated at Mauza Mastpura Anchal Bodh Gaya having an area of 2 1⁄2 feet which has been left by the petitioner for her own use while making construction of residential house over the land in question and the same has been encroached by the private respondents by giving chajja over the land of the petitioner which was found by the Anchal Adhikari in this regard but nothing is

Patna High Court CWJC No.15427 of 2018(3) dt.17-01-2019 2/2 being done by the respondents for removal of encroachment from the land of the petitioner and as such the action of the respondent is not permissible in law and thus vitiated."

The petitioner had filed a detailed representation before respondent no. 4 (the Anchal Adhikari, Bodh Gaya). But the same is pending till date.

The respondent no.4 (the Anchal Adhikari, Bodh Gaya) is directed to consider the representation of the petitioner and pass an appropriate order in accordance with law within a period of three months from the date of order after giving opportunity to all the concerned parties.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U