Vinda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14198 of 2025 ====================================================== Vinda Devi, Wife of Nandkishor Goswami, Resident of Village- Mahouta Paidapur, P.S. - Amarpur, District - Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Director, Directorate of Land Records and Survey Revenue and Land Reforms Department, Government of Bihar, Patna. 3.

The Commissioner, Bhagalpur Division, Bhagalpur. 4.

The Collector, District- Banka.

5.

The Deputy Development Commissioner, District - Banka. 6.

The Deputy Collector Land Reforms, Banka.

7.

The Circle Officer, Amarpur, District- Banka. 8.

S.H.O., Amarpur, District- Banka.

9.

Dinesh Choudhary, Son of Late Upendra Chaudhary, Resident of VillageMahouta Paidapur, P.S. - Amarpur, District- Banka. 10.

Pramod Chaudhary, Son of Late Upendra Chaudhary, Resident of VillageMahouta Paidapur, P.S. - Amarpur, District- Banka. 11.

Anirudh Chaudhary, Son of Late Upendra Chaudhary, Resident of VillageMahouta Paidapur, P.S. - Amarpur, District- Banka. 12.

Nagendra Chaudhary, Son of Late Upendra Chaudhary, Resident of VillageMahouta Paidapur, P.S. - Amarpur, District- Banka. 13.

Durgesh Chaudhary, Son of Late Upendra Chaudhary, Resident of VillageMahouta Paidapur, P.S. - Amarpur, District- Banka. 14.

Vicky Chaudhary, Son of Dinesh Chaudhary, Resident of Village- Mahouta Paidapur, P.S. - Amarpur, District- Banka.

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

For the Petitioner/s :

Mr. Amit Kumar, Adv.

For the State :

Mr. Sita Ram Yadav (GP-16) Mr. Jitendra Kumar, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-09-2025 Heard Mr. Amit Kumar, learned counsel for the petitioner and Mr. Sita Ram Yadav, learned GP-16 for the State.

2. The instant writ petition has been filed by the

2/4 petitioner under Article 226 of the Constitution of India, seeking the following reliefs :- "(A) To issue a Mandamus for direction to respondents to measure the land of the petitioner, land appertaining to Mauza-Bhikhanpur/Paidapur, Thana No.301, Khata no.66/28, Khesra No.178/96, 179/100, Area-44 Decimal having Jamabandi no.117 which land has been comes in the share of the petitioner's husband and his brothers.

(B) To issue a Mandamus for direction to respondents to ensure the peaceful and secure demarcation and fencing of boundary wall over the land of the petitioner in presence of Police personals.

(C) For directing the respondent to protect the position of the petitioner over the aforesaid land which is being threaten by private resp. no.9-14 to be dispossessed forcibly acting as "might is right" instead of "Right is might". (D) For which pass such other order/orders, direction/directions as your lordships may deem fit in the fact and circumstances of the case and according to law."

3. Learned counsel appearing for the petitioner submits that the petitioner is a lady and the land in question is in the title of her husband and in this regard, Jamabandi No. 117, Mauza-Bhikhanpur/Paidapur, Thana No. 301, Khata No. 66/28, Khesra No. 178/96, 179/100, Area-44 decimal, has also been created and the photocopy of the Khatiyan has been filed with

3/4 this petition as Annexure- 'P/1' series. The private respondent Nos. 9 to 14 are disturbing the possession of the petitioner on account of the petitioner's husband's land having no boundary wall and therefore, a written representation in the prescribed format has been made by the petitioner to the Circle Officer, Amarpur, for demarcation of her husband's land, upon which the Demarcation Case No. 2024-25/227 has been registered and the petitioner has also paid the required fee for land demarcation and in this regard, a copy of the payment receipt for demarcation, filed with this petition as Annexure- 'P/2', may be perused. It is further submitted that the petitioner has also taken further steps for redressing her grievance, as her son has filed a written representation dated 07.05.

2025 (Annexure- 'P/3') before the Circle Officer, Amarpur and further, the petitioner has received Rs. 40,000/- under the Pradhan Mantri Awas Yojana (Gramin) (Annexure- 'P/4') for construction of her house over the land in question but on account of the absence of a boundary wall as well as due to lack of demarcation of the same, she is facing difficulties in making construction of her house on the said land, therefore, she has urgent need for remedial steps from this Court.

4. Considering the aforesaid submissions and also

4/4 having taken into account the Annexures referred to above, the Circle Officer, Amarpur, is hereby directed to take steps for redressing the petitioner's grievance within three weeks from the date of receipt or production of a copy of this Court's order.

5. Accordingly, the instant writ petition stands disposed of.

(Shailendra Singh, J) annu/- U