Manorama Devi @ Rama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12008 of 2024 ====================================================== Manorama Devi @ Rama Devi ... ... Petitioner/s

Versus

The State of Bihar & Ors.

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

For the Petitioner/s :

Mr. Dhannjay Kumar No.2, Advocate For the Respondent/s :

Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-08-2024 Heard Mr. Dhannjay Kumar No.2, learned Advocate for the petitioner and Mr. Subodh Kumar, learned Advocate for the State.

2. The petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents, especially upon respondent No.3 for execution of the report of Anchal Amin, the copy of which is marked as Annexure-3 to the writ petition.

3. Learned Advocate for the petitioner contended that on account of hindrances created by some of the villagers, the petitioner had approached before the Circle Officer to get the land measured and accordingly a Measurement Case No.5 of

Patna High Court CWJC No.12008 of 2024(2) dt.12-08-2024 2/3 2022-2023 was instituted. Pursuant to the direction of the Circle Officer, the land in question was measured by the Amin and it is reported that encroachment has been found over some of the part of the land. The report of the Amin is also marked as Annexure-P/2.

4. It is next contended that despite the report submitted by the Anchal Amin and having found that there is encroachment over some of the part of the land in question the Circle Officer has closed the measurement case without executing the report of Anchal Amin.

5. At this juncture, learned Advocate for the State submits that prima facie, it appears that there is a dispute with regard to the boundary and the petitioner has appropriate remedy before the DCLR under the Bihar Land Dispute Resolution Act, 2009. This Court find substance in the submission of learned Advocate for the State.

6. The writ petition stands disposed off with a liberty to the petitioner to approach before the DCLR under the Bihar Land Dispute Resolution Act, 2009. Suffice it to say that if the petitioner approaches before the concerned DCLR by filing a proper application along with the necessary documents/papers in support of his claim, the same shall be considered and

Patna High Court CWJC No.12008 of 2024(2) dt.12-08-2024 3/3 disposed off in accordance with the provisions prescribed under Bihar Land Dispute Resolution Act, 2009 expeditiously. (Harish Kumar, J) durgesh/- U