Chinta Mani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3010 of 2018 ====================================================== Chinta Mani Devi Wife of Brij Bhar Chauhan Resident of Village - Akauna, Police Station - Ben, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Nalanda, District - Nalanda. 3.

The Deputy Development Officer, Nalanda, District - Nalanda. 4.

The Land Reforms Deputy Collector, Rajgir, District - Nalanda. 5.

The Circle Officer, Circle Office - Ben, District - Nalanda. 6.

The Mukhiya, Gram Panchayat Raj, Akauna, Block Ben, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Respondent/s :

Mr.Anjani Kumar, AAG-4 Mr. Alok Kr. Rahi, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2022 Though the present writ petition has been filed for directing the respondent authorities to complete the construction of house under the Indira Awas Yojana over the residential plot of the petitioner appertaining to Khata No. 138, Plot No. 1418 situated at village-Akauna, Block-Ben, District-Nalanda, however, the respondents have filed a counter affidavit and submitted that the land in question has been encroached by 10 persons but no chit of paper has been filed/produced regarding the mode & manner of acquiring the right, title & interest of the land in question.

Patna High Court CWJC No.3010 of 2018(3) dt.19-07-2022 2/2 At this juncture, the learned counsel for the petitioner submits that the petitioner would approach the District Magistrate, Nalanda and prove his right, title and possession over the land in question, hence the District Magistrate, Nalanda be directed to pass appropriate orders after considering the documents to be filed by the petitioner herein and thereafter take appropriate steps for construction of the house in question, under the Indira Awas Yojna. Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to approach the District Magistrate, Nalanda by filing appropriate representation within a period of four weeks from today and in case such a representation is filed, the District Magistrate, Nalanda shall consider the same and pass appropriate orders, in accordance with law within a period of 12 weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U