Bhawani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2315 of 2019 In Civil Writ Jurisdiction Case No.1187 of 2019 ====================================================== Bhawani Devi Wife of Late Palakdhari Roy Resident of Village -Bhangha Tula, P.S. Barhara Kothi, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Sri Deepak Kumar name of the father not known to the petitioner, Main Secretariat,Patna. 2.

The Secretary Sri Manish Kumar Verma, name of the father not known to the petitioner, Planning and Development Department Government of Bihar,Patna.

3.

The Secretary Sri Arvind Kumar Chaudhary, name of the father not known to the petitioner Rural Development Department Government of Bihar,Patna.

4.

The Director General of Police Sri Gupteshwar Pandey, name of the father not known to the petitioner, Bihar.

5.

The District Magistrate Sri Pradeep Jha, name of the father not known to the petitioner, District- Purnea.

6.

The Deputy Development Commissioner Sri Aman Sameer, name of the father not knwon to the petitioner, Purnea.

7.

The Superintendent of Police Sri Vishal Sharma, name of the father not known to the petitioner Purnea.

8.

The Sub Divisional Officer Sri Prem Sagar, name of the father not known to the petitioner, Dhamdaha District-Purnea.

9.

The Circle Officer Sri Niranjan Kumar Mishra, name of the father not known to the petitioner of the Prakhand Barhara Kothi, District-Purnea. 10.

The Block Development Officer Sri Kishore Kumar, name of the father not known to the petitioner Barhara Kothi,District -Purnea. 11.

The Police Inspector Sri Shiv Narayan Shah, name of the father not known to the petitioner, Dhamdaha, District -Purnea. 12.

The Thana-in-Charge Sri Nishant Jha, name of the father not known to the petitioner Barhara Kothi,District -Purnea.

13.

Junior Engineer Sri Ram Ayodhaya Rai, name of the father not known to the petitioner, Block Office, Barhara Kothi,District -Purnea. 14.

Awadesh Mandal Son of Jagdish Mandal Resident of Village- Bhangha Tula, P.S. Barhara Kothi, District -Purnea.

15.

Vijay Sah Son of Hari Sah Resident of Village- Bhangha Tula, P.S. Barhara Kothi, District -Purnea.

16.

Pramod Urao Anchal Amin of the Prakhand Barhara Kothi,District -Purnea, resident of Dibra Bazar, P.S. Barahara Kothi, Distt.- Purnea. 17.

Saryug Mandal Son of Sahdi Mandal Resident of Village- Bhangha Tula,

2/4 P.S. Barhara Kothi,Distt.-Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok, Advocate For the Opposite Party/s :

Mr. Vinay Kriti Singh (GA-2) Mr. Venkatesh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 10-04-2025 Heard learned counsel for the parties.

2. This contempt petition has been filed alleging violation of the order dated 17.01.2019 passed in C.W.J.C. No. 1187 of 2019, wherein, this Court has passed the following order:

"Considering the reliefs sought for by the petitioner, the petitioner is directed to file a representation before the respondent no. 5, The District Magistrate, Purnea enclosing letter dated 21.05.2018 issued by the Circle Officer, Barhara Kothi within a period of one month from today. The respondent no. 5, The District Magistrate, Purnea shall enquire into the matter and pass an appropriate order in accordance with law within a period of three months from the date of filing of such representation."

3. Opposite Party Nos. 5 to 11 have filed a show cause, wherein, in paragraph no 5, it has been stated as under: "5. That in the light of the order dated 17.01.2019 passed by this

3/4 Hon'ble Court in C.W.J.C. No. 1187 of 2019 the District Magistrate, Purnea got the matter- enquired by the Sub Divisional Officer, Dhamdaha who after making enquiry submitted his report vide his Letter No. 823 dated 23.07.2019 together with the report of the Circle Officer, Barhara, it was reported by the Sub-Divisional Officer, Dhamdaha that the subject land that is the land of Mouza- Bhaghatula Thana No.88 appertaining to Khata No. 647 Plot No. 897 measuring area 8 decimal in recorded in the Revisional Survey in the name of Gair Mazarua Sarva Sadharan. Present nature of the subject land is Rasta. That land/road connects main road of the village.

Present road is made of PCC at Panchayat level. The petitioner is requesting to vacate that land assuming that the land is her raiyati land. No evidence was produced by the petitioner to support her claim.

Father-in-law of the petitioner fraudulently got jamabandi no.697 created in his name. On the other hand, the petitioner herself encroached 1 decimal land of the said plot no. 897. Hence after going through the facts and circumstances of the case the Collector, Purnea rejected the petition of the petitioner by his order as contained in his Memo No.

3073 dated 26.08.2019. Thus the order dated 17.01.2019 passed by this Hon'ble Court in C.W.J.C. No. 1187 of 2019 has duly complied with.

However, there is certain delay in

4/4 compliance of that order for which there O.P.s request."

4. A copy of the order dated 26.08.2019, passed by the District Magistrate, Purnea in compliance of the order passed in writ petition, has also been enclosed as Annexure-A to the show cause filed by the Opposite Party Nos. 5 to 11.

5. On perusal of paragraph 5 as well as Annexure-A to the show cause filed by the Opposite Party Nos. 5 to 11, I find that the order dated 17.01.2019 passed in C.W.J.C. No. 1187 of 2019 has been duly complied with by the opposite parties.

6. Accordingly, the contempt petition stands closed and disposed off.

(Nani Tagia, J) Nilmani/- U