Anjani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11603 of 2025 ====================================================== 1.

Anjani Devi Wife of Ram Chandra Singh resident of Village- Hardiya, Police Station- Dandari, District- Begusarai. 2.

Ram Chandra Singh Son of Late Musaheb Singh resident of VillageHardiya, Police Station- Dandari, District- Begusarai. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna. 3.

The Divisional Commissioner, Munger.

4.

The District Magistrate, Begusarai.

5.

The Deputy Collector, Land Reforms Balia, P.S- Balia, District- Begusarai. 6.

The Circle Officer, Dandari, Police Station- Dandari, District- Begusarai 7.

Ashok Kumar Singh Son of Anirudh Singh, Resident of Village- Hardiya, Police Station- Dandari, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagdish Prasad Singh For the Respondent/s :

Government Pleader (27) Mr. Murlidhar Mishra Mr. Vinit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-06-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For setting aside of order dated 11.08.2012 passed in Case No.30/2010 (Anirudh Singh vs. Anjani Devi and Others) by the learned Deputy Collector, Land Reforms, Balia, whereby and whereunder the case has been allowed erroneously and directed the petitioners to vacate

Patna High Court CWJC No.11603 of 2025(2) dt.15-06-2026 2/3 Khesra No.639 within a fortnight, failing which possession of petitioners be removed from Plot No.639 of Menpatol by using force and Magistrate. (ii) For setting aside the order dated 19.12.2015 passed in L.D. Appeal No.227 of 2012 whereby and whereunder Appeal filed by the petitioners against the order dated 11.08.2012 in Case No.30 of 2010 has been rejected and order of learned Deputy Collector, Land Reforms, Balia has been affirmed erroneously.

(iii) An appropriate writ or direction be issued declaring that remaining part of Plot No.639 of Mehpatol is road which cannot be stopped on instance of private respondents.

(iv) During pendency of the writ petition effect of order dated 11.08.2012 in Case No.30/10 (Anirudh Singh vs. Smt. Anjani Devi and Others) by the learned Deputy Collector, Land Reforms, Balia and order dated 19.12.2015 in L.D. Appeal No.227 of 2012 by Divisional Commissioner, Munger be stayed.

(v). Any other relief to which the Petitioner may be found entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioners were served with notices dated 27.06.2025 issued by respondent no.6 directing them to appear on 03.07.2025 in connection with Measurement Case No.22/2025-26 and Measurement Case No.23/2025-26. Referring to paragraph 27 of the writ petition and paragraph 31 of the counter affidavit, he submits that the specific plea of the petitioners that the notice is vague has not been denied by the respondents. It is further

Patna High Court CWJC No.11603 of 2025(2) dt.15-06-2026 3/3 submitted that the impugned notice is wholly vague and arbitrary in nature as it neither discloses the plot number nor furnishes the particulars of the land proposed to be measured.

4. In view of the reliefs sought by the petitioners, the notices dated 27.06.2025 in connection with Measurement Case No.22/2025-26 and Measurement Case No.23/2025-26 issued by the Circle Officer, Dandari, Begusarai is quashed. The Circle Officer, Dandari, Begusarai is directed to issue fresh notices to the petitioners within two weeks, in accordance with the provisions of the Bihar Public Land Encroachment Act, 1956.

5. Accordingly, the writ application stands disposed with the aforesaid observations and directions. (Ajit Kumar, J) shikha/- U