Nita Gupta @ Neeta Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10216 of 2023 ====================================================== Nita Gupta @ Neeta Gupta Wife of Late Raj Kumar Prasad, Resident of Mohalla- Saraswati Lane, Lohanipur, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Deputy Collector, Land Reforms, Patna Sadar. 6.

The Circle Officer, Patna Sadar, Patna.

7.

The Station House Officer, KadamKuan Police Station, Patna. 8.

Kalawati Devi Wife of Late Mahesh Singh, Resident of Mohalla- Lohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 9.

Alok Priyedarshi Son of Late Mahesh Singh, Resident of MohallaLohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 10.

Suchitra Devi Wife of Alok Priyedarshi, Resident of Mohalla- Lohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 11.

Ajit Priyedarshi Son of Late Mahesh Singh, Resident of MohallaLohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 12.

Ashutosh Kumar Son of Late Mahesh Singh, Resident of MohallaLohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 13.

Renu Devi Wife of Ashutosh Kumar, Resident of Mohalla- Lohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 14.

Aman Kumar Son of Ajit Priyedarshi, Resident of Mohalla- Lohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. 15.

Ashu Priyedarshi Son of Alok Priyedarshi, Resident of Mohalla- Lohanipur, Saraswati Lane, P.O. and P.S.- Kadamkuan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-07-2024

1. The present writ petition has been filed seeking the following relief(s):-

Patna High Court CWJC No.10216 of 2023(2) dt.30-07-2024 2/3 "1(i) For issuance of an appropriate writ in the nature of certiorari for quashing the impugned order dated 28.03.2023 passed in Land Dispute Case No.

19/2022-23 (contained in Annexure-6) by Respondent No.5, whereby and whereunder the Respondent No. 5 did not pass the order for providing security for demarcation and for giving boundary wall over the parti land of the petitioner arising from bearing Mauza-Prithvipur, Thana No. 5, Ward No.11, Seat No. 87, Municipal Plot No.1157, Khata No. 47, Plot No. 23, Area 1869 sq.ft.

(ii) For issuance of an appropriate in the nature of Mandamus commanding the official respondents to provide security from which petitioner may be able to give boundary wall over her parti land in the area of 159 sq.ft. situated in MauzaPrithvipur, Saraswati Lane, P.O. and P.S.-Kadamkuan, District-Patna MauzaPrithvipur, Thana No. 5, Ward No. 11, Seat No. 87, Municipal Plot No.1157, Khata No. 47, Plot No. 23, Area 1869 sq.ft as after construction of building 03.8"x42.9" inch wide lane has been left on the northern side of the building, but private respondents no. 8 to 15 have been creating obstacle, due to which the

Patna High Court CWJC No.10216 of 2023(2) dt.30-07-2024 3/3 petitioner is unable to give boundary wall over her land."

2. At the outset, 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, including that of filing a civil suit before the learned Civil Court having competent jurisdiction, for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U