Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13076 of 2023 ====================================================== 1.

Sumitra Devi Wife of Bhola Chaudhary, resident of village - Bishunpur Tara, P.S. - Madhuban, District - East Champaran.

2.

Prabhawati Devi, Wife of Naresh Chaudhary, resident of village - Bishunpur Tara, P.S. - Madhuban, District - East Champaran. 3.

Ranjna Devi, wife of Rup Narayan Chaudhary, resident of village - Bishunpur Tara, P.S. - Madhuban, District - East Champaran. 4.

Sunita Devi, wife of Vidyanand Chaudhary, resident of village - Bishunpur Tara, P.S. - Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, East Champaran at Motihari. 3.

The Deputy Collector Land Reforms, East Champaran at Motihari. 4.

The Circle Officer, Madhuban, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Mani Sharma For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2024 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ directing and commanding the respondents to consider the case of the petitioners and to issue Purcha immediately in the name of the petitioners by settling 2/3 decimals land out of the aforesaid Plot no.745 of Mouza Bishunpur Tara over which the house of the petitioners are constructed under Indira

Patna High Court CWJC No.13076 of 2023(4) dt.16-07-2024 2/3 Aawas Yojna and the petitioners are living in the same with their family.

(ii) For issuance of an appropriate writ restraining the respondents from taking any coercive step against the petitioners by demolishing their aforesaid houses constructed under the Indira Aawas Yojna and in which the petitioners are living peacefully with their family till finalization of the matter of settlement and issuance of Purcha for the aforesaid land out of Plot no.745 of Mouza Bishunpur Tara in the name of the petitioners.

(iii) For issuance of a writ in the nature of Certiorari for quashing of the Memo no.302 dated 20-6-2023 (Anx. 6) so far as it relates to the petitioners, issued under the signature of the respondent no. 4, by which by fixing the date 28-6-2023 for removal of the encroachment over land pertaining to Thana No. 32, Khata no. 130, Khesra no. 745 (Gair Majarua Rasta) of Mouza Bishunpur Tara, vide letter no. 302 dated 20-6-2023 the Opposite Party no. 4 had/has requested the Sub Divisional Officer, Pakri Dayal, East Champaran for deputation of Magistrate and Police force etc."

2.

After some arguments, the learned

Patna High Court CWJC No.13076 of 2023(4) dt.16-07-2024 3/3 counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the District Magistrate, East Champaran at Motihari for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U