Most. Madhuri Devi @ Madhuri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17390 of 2013 ======================================================

1. Most. Madhuri Devi @ Madhuri Daughter Of Late Bihari Sharma And Wife Of Late Radha Krishna Sharma Resident Of Village - Malahchakiya, Old Ward No. 13, New Ward No.5 New Bazar, P.S. Buxar, District - Buxar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector Of District Buxar

3. The Deputy Collector, Land Reforms Buxar

4. The Circle Officer, Circle, Buxar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-05-2016 Heard both sides.

The writ application prays for a direction commanding the respondents to issue rent receipts of the land detailed in para -1. Even according to the petitioner, the subject land is recorded as Gairmajaruwa Aam in the survey records. It is stated that his grand-father was recorded therein as person in adverse possession in the remark column. On that basis, the present prayer has been made.

In the counter affidavit, the respondents have clearly stated that the Khatiyan in respect of the land records as Gairmajaruwa Aam land. There is presumptive value of the entry made in the survey/revenue records. The course open to the petitioner is either to seek change in the records before the

Patna High Court CWJC No.17390 of 2013 (2) dt.18-05-2016 2/2 survey/revenue authority or filing suit.

The Court finds much force in the submission of the State. On the basis of the pleadings made in the writ application, it is difficult for the Court to grant the relief. The writ application is dismissed.

Dismissal of this writ application shall, however, not preclude the petitioner from ventilating her grievance before the appropriate forum/authority in accordance with law. (Kishore Kumar Mandal, J) Shyam/- U