Baidehi Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14639 of 2015 ====================================================== Baidehi Devi Wife of Sri Jalim Mishra Resident of village - Dwarika Nagar, Police Station - Mushari, District - Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary, Department of Land Reforms and Revenue, Govt. of Bihar, Patna 3.
The Director, Land Reforms and Revenue, Department, Govt. of Bihar, Patna 4.
The Divisional Commissioner,Tirhut Division, Muzaffarpur 5.
The District Magistrate - cum - Collector, Muzaffarpur null null 6.
The Senior Superintendent of Police S.S.P. Muzaffarpur 7.
The Sub - Divisional officer, East, Muzaffarpur 8.
The Deputy Collector Land Reforms D.C.L.R. , East, Muzaffarpur 9.
The Circle officer, Mushari, District - Muzaffarpur 10.
The Officer - in - Charge cum S.H.O. Mushari, P.S. District Muzaffarpur 11.
Subodh Paswan Son of Late Dinai Paswan 12.
Amod Paswan Son of Late Dinai Paswan 13.
Ravindra Paswan Son of Late Dinai Paswan 14.
Parikshan Paswan Son of Late Saryug Paswan 15.
Bhavikshan Paswan Son of Late Saryug Paswan 16.
Ashok Paswan Son of Late Saryug Paswan All the Respondent No. 11 to 16 are resident of village - Binda, P.S. Mushari, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Prakash Sharma, Advocate For the Respondent/s :
Mr. A.B. Sinha, G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of order, direction or writ of Mandamus or any other
2/4 appropriate writ for directing the respondent authorities to remove the illegal encroachment from the public land connecting the raiyati land of the petitioner bearing Khata No. 286, Khesra No. 163, Thana No. 472, situated at Village-Binda, AnchalMushari, District-Muzaffarpur which remains encroached by the respondent nos. 11-16 who have made illegal constructions over the same and have restrained the petitioner from accessing her raiyati land itself.
(ii) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to take appropriate remedial action for removal of encroachment over the raiyati land of the petitioner bearing Khata No. 286, Khesra No. 163, Thana No. 472, situated at Village- Binda, Anchal- Mushari, District- Muzaffarpur on which, the respondent nos. 11-16 have illegally constructed a hut.
(iii) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to take
3/4 consequential action of removing illegal encroachment over the aforesaid land in pursuance of the orders passed in appropriate land encroachment proceeding bearing Case No. 41/2010-11 and Misc. No.
02/2014-15 which have attained finality.
(iv) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to take appropriate action in pursuance of order dated 16.09.2014 passed in Misc. Case No. 2/14-15 by the learned C.O., Mushari by which he has been pleased to allot lands to the private respondent nos.11-16 since despite such allotment, the aforesaid respondents have not cleared the encroachment."
2.
After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mushari, District-Muzaffarpur, for redressal of her aforesaid grievances. Liberty, so sought, is granted.
4/4 3.
Accordingly, the present writ petition stands disposed off.
(Mohit Kumar Shah, J) S.Sb/- U