Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10830 of 2025 ====================================================== Urmila Devi Wife of Dinanath Sah, Resident of Village- Latiyahin, Police Station- Adapur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Additional Chief Secretary-cum-Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna. 2.

The District Collector, East Champaran at Motihari. 3.

The Sub Divisional Officer, Raxaul, District- East Champaran. 4.

The Circle Officer, Adapur, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Bhushan, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Manoj Kr. Sinha, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 14-07-2025 Heard the parties.

2. In the instant petition, petitioner seeks following relief(s):- "For issuance of writ preferable in the nature of mandamus to the respondent authorities concern to settle the land having Khata No. 4, Kheshra No. 910, Area 10 Decimals, Mauja Latiyahi, Circle - Adapur, District East Champaran, having nature of Gair Majarua (Khas) on which the petitioner is residing for more than 30 years after making a

2/4 hutment over it and government has also sanctioned and issued 1st installment of funds for making Home under Prime Minister Housing Scheme."

3. Learned counsel for the petitioner submits that vide application dated 02.07.2016, petitioner has represented before the Deputy Collector Land Reforms, Raxaul, East Champaran (Annexure P/1) to settle the land bearing Khata No. 4, Kheshra No. 910, Area 10 Decimals, Mauja Latiyahi, Circle - Adapur, District East Champaran in favour of the petitioner. He further submits that the application of the petitioner was forwarded to Circle Officer, Adapur to take lawful steps for settlement but no action has been taken up till now. He further submits that the nature of land in question is Gair Majarua (Khas) on which the petitioner is residing for more than 30 years after making a hutment over the said land. He further submits that Government has also sanctioned and issued 1st installment of funds for construction of house under Prime Minister Housing Scheme which could not be utilized as the authorities failed to settle the said land in favour of the petitioner, as is evident from Annexure P/3. He further submits that one Hoti Paswan

3/4 is trying to grab the said land and he has filed an encroachment proceeding before the Circle Officer, Adapur alleging encroachment of the said land in question by the petitioner. Learned counsel submits that petitioner filed another application before the Sub Divisional Officer, Raxaul for settlement of the same piece of land in his favour, which was inquired by the Executive Magistrate, Raxaul and in his report he confirmed the possession of the petitioner over the land in question and also reported that on the application of the petitioner, Settlement Record No. 02 of 2017-18 is pending. Learned counsel submits that the said case has not been disposed of as yet.

4. Learned counsel for the State submits that although petitioner has agitated his grievance earlier before the concerned authorities, however, in case petitioner files fresh representation raising all his grievances, the concerned authority will look into the matter.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with liberty to the petitioner to file fresh representation, highlighting all his grievances, as has been raised in the

4/4 present writ petition, before the competent authority within a period of four weeks from the date of receipt of this order. If such representation is filed within the stipulated period, the competent authority shall pass appropriate order after giving due opportunity of hearing to the parties concerned including one Hoti Paswan within a reasonable period of time, in accordance with law, without being prejudiced by the order passed by this Court.

(Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.07.2025.

Transmission Date N/A