Maheshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18513 of 2019 ====================================================== Maheshwari Devi Wife of Mahendra Poddar, Resident of Village-Shankar Lohar @ Bithouli, PO-Bithouli, Circle+P.S.-Baheri, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The District Magistrate, Darbhanga.

4.

The Deputy Collector Land Reforms, Sadar Darbhanga, District-Darbhanga. 5.

The Circle Officer, Baheri, District-Darbhanga. 6.

Ramji Sahu Son of Late Dukhi Sahu 7.

Babulal Sah Son of Late Sumrit Sahu 8.

Udan Sah Son of Late Bauaun Sahu All(6 to 8) Resident of Village-Bithouli, PO-Bithouli, Circle+P.S.-Baheri, District-Darbhanga.

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Respondent/s :

Mr.Md.Khurshid Alam (AAG12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2019 Heard both sides.

The petitioner filed this writ petition for a direction to the Circle Officer to dispose of and execute the order dated 16.01.2013 passed in B.L.D. Case No.451 of 2012-13 by the D.C.L.R.

Learned counsel for the petitioner submits that D.C.L.R. by order dated 16.01.2013 directed the Circle Officer to get the land of the petitioner and the opposite parties measured according to their area purchased by them through

Patna High Court CWJC No.18513 of 2019(2) dt.09-09-2019 2/2 two sale deeds and after demarcation, if the opposite parties are found encroached upon any portion of the land of the petitioner, the same may be removed. It is submitted that on 21.11.2017, the petitioner filed petition before the D.C.L.R. to get his own order dated 16.01.2013 passed in B.L.D. Case No.451 of 201213 executed. The D.C.L.R. directed the C.O., Baheri to execute the order but C.O. is sitting over the matter and even after issuance of notice(Annexure-4), the C.O. has not taken any action.

Having considered the fact that the order for demarcation of the land of the petitioner and the respondents has already been passed by the D.C.L.R. and the respondents did not appeal against the order of the D.C.L.R. before the competent authority, the C.O. is directed to dispose of the execution case of the petitioner within three months from the date of receipt of the order.

With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U