Mosmat Jonhaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18757 of 2021 ====================================================== Mosmat Jonhaya Devi W/o Chaudhur Ram R/o- Vill. Pakrihar, Bahuarwa, P.O.- Laxmipur, P.S.- Sanichari, Distt.- West Champaran (Bihar) 845450. ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

The District Magistrate Bettiah, West Champaran. 3.

The Circle Officer Yogapatti, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad, Advocate For the State :

Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief(s):

"i. For a direction upon the respondent authority to consider the application / representation and dispose of within reasonable time by providing 5 Decimal land for the landless people under Basera scheme of the state Government accordance with law in the larger interest of Justice.

ii. For any other relief/reliefs for which the petitioner is entitled in facts and circumstances of the case."

2. Mr. Ram Kishun Prasad, learned counsel appearing for the petitioner and Mr. Prashant Pratap, learned GP-2 for the

Patna High Court CWJC No.18757 of 2021(5) dt.19-11-2025 2/3 State-respondents are present and they are heard.

3. Learned counsel for the petitioner submits that the petitioner is a landless and widowed lady whose house, situated near Lauriya main road was demolished on the ground that it was situated on land belonging to the PWD, for the purpose of widening the road, resulting in the petitioner becoming homeless, while she belongs to a privileged community. Learned counsel further submits that the State Government has made a 'BASERA' scheme for the allotment of land to landless persons, under which the petitioner has filed an application vide Annexure-1 for allotment of 5 decimals of land, but since 2018 no action has been taken to provide relief to the petitioner, and she is running from pillar to post. Her last representation was filed before the Circle Officer, Yogapatti, West Champaran and the District Magistrate, Bettiah, West Champaran (respondent no.2) by way of Annexure-7 Series.

4. Learned counsel appearing for the Staterespondents submits that if such a scheme as revealed by the petitioner in her petition is presently in force, then the Circle Officer, Yogapatti, Bettiah, West Champaran may be directed to take necessary action in light of the prayer made by the petitioner in her application dated 05.08.2021, and in this

Patna High Court CWJC No.18757 of 2021(5) dt.19-11-2025 3/3 regard, necessary direction may be given.

5. Considering the aforesaid submissions, the Circle Officer, Yogapatti, Bettiah, West Champaran (respondent no. 3), is directed to decide the petitioner's application dated 05.08.2021 in accordance with the provisions of law as well as the scheme, if the same is in force for settling landless persons, and decide the petitioner's application within six weeks from the date of receipt or production of a copy of this order.

6. Accordingly, with the aforesaid direction, the instant writ petition stands disposed of.

(Shailendra Singh, J) maynaz/- U