Smt. Meena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10793 of 2023 ====================================================== Smt. Meena Kumari W/o Deep Jaishwal, Resident of Rajendra Nagar, Kajipur Road NO. 4, P.O.- Nayatola, Arya Kumar Road, P.S. Kadam Kuan, DistrictPatna. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate, Chapra at Saran. 3.

The Sub-Divisional Officer, Chapra at Saran.

4.

The Superintendent of Police, Chapra at Saran. 5.

The Circle Officer, Sonepur Anchal, District- Saran. 6.

The S.H.O., Sonpur Police Station, District- Saran. 7.

Baleshwar Singh S/o Late Pradeep Singh, Resident of Village- Bhawalpur, P.O. and P.S.- Morhaura, District- Saran.

8.

Tarkeshwar Singh S/o Late Ram Ekbal Singh, Resident of Village- Mirzapur Gangajal, P.S.- Sonpur, District- Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Neha Pallav, Advocate Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, S.C.-25 Mr. Arifdaullah Siddiqui, A.C. to S.C.-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-04-2024 Heard Ms. Neha Pallav, learned Counsel for the petitioner Mr. Arifdaullah Siddiqui, learned A.C. to S.C.-25.

2. The present petition has been preferred for the following reliefs:- (i) for direction/directions/order/ orders to the respondents-Ist. Set to enquire into the matter of encroachment on the petitioners purchased land through registered Sale deed dated

Patna High Court CWJC No.10793 of 2023(3) dt.23-04-2024 2/3 15/06/19 from one Baleshwar Singh(Respondent No.7) the Vendee of land bearing registered Sale deed No.2179, Book No.7., Volum No.33, Serial No.22/1, dated 15/06/2019, Khata No.1198, Khesra No.346, Area- 3.443 dismal having its Boundary- North Rasta, South- Nisa Kumari, EastVillage Rasta, West- Arun Singh, land and further directed to the respondent Ist. Set to remove the encroachment of respondent-2nd set showing himself as a purchaser of the land-in-question on 03/09/2019 with claim that Respondent No.8 has also purchase the same land subsequently on 03/09/2019 vide Deed No.3045 who have no right legally in the eye of law;

(ii) further for a direction to punish the vendee who knowingly started litigation on the ground of illegal sale for what he has no right, title and interest over the land in question.

3. After some argument, learned Counsel for the petitioner submits that liberty may be granted to approach the appropriate authority under the Code of Criminal Procedure so that relief may come to the petitioner.

Patna High Court CWJC No.10793 of 2023(3) dt.23-04-2024 3/3

4. Granting said liberty, the writ petition stands disposed of.

5. Before parting, this Court would like to put on record its word of appreciation for Ms. Neha Pallav, learned counsel for the petitioner for proper assistance rendered in the matter.

(Rajiv Roy, J) Neha/- U