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Patna High CourtCWJC/9848/2023disposed

Bibha Devi Alias Ruby Kumari v. The State Of Bihar,

2023-11-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9848 of 2023 ====================================================== Bibha devi alias Ruby Kumari Wife of Om Prakash Narayan Sinha, R/O Muhalla Om Nagar Bind Tola Ward No-08 Araria P.S and, District Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar, Through the Chief Secretary old secretariat Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department Government of Bihar, Patna.

3.

The Divisional Commissioner Purnea, Purnea Division Purnea. 4.

The District Magistrate, Araria.

5.

The Sub-Divisional Officer, Araria.

6.

The Circle Officer, Araria.

7.

The Circle Inspector, Araria.

8.

The Anchal Amin, Araria, circle District-Araria. 9.

The Executive officer, Muncipal Council, Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-11-2023 Heard the parties.

2. The learned counsel for the petitioner submits that the petitioner is alleged to have encroached some land which, as per the petitioner is her private land purchased by her and the petitioner is being threatened to remove herself from the same without initiation of any proceeding.

3. In these circumstances, this application is disposed of with liberty to the respondents to act in accordance with law. They can direct the petitioner to remove any encroachment only

Patna High Court CWJC No.9848 of 2023(2) dt.28-11-2023 2/2 after initiating a proceeding under the Bihar Public Land Encroachment Act, 1956. The possession of the petitioner cannot be disturbed without initiating any proceeding against her.

4. With the aforesaid directions, this application is disposed of.

5. Let a copy of this order be communicated to the District Magistrate, Araria through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U