Nafisa Bai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14920 of 2024 ====================================================== Nafisa Bai D/o Late Yusuf Bhai @ Syed Yusuf Bhai R/o- Mahavir Marg, Post and Thana- Kishanganj District Kishanganj 855108 and Also at F-703, Munir Tower, Alefiya Colony Near Taheri Hall, Godi Road, Dahod, Gujarat-389151. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Kishanganj, 3.

The Land Acquisition Officer, Kishanganj.

4.

The Director, Agriculture, Patna.

5.

The Director, Co-operative, Patna.

6.

The District Development Officer, Kishanganj. 7.

The Sub Divisional Officer, Kishanganj.

8.

The Circle Officer, Sadar, Kishanganj.

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

For the Petitioner/s :

Mr. Aftab Alam Siddiqui, Advocate For the Respondent/s :

Mr. Government Pleader-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-10-2024 Heard the parties.

2. The petitioner is claiming her ownership over the land, in question, ad-measuring 79.4 decimals appertaining to various Khatas and Khesras situated at Mauza, Ghodamara, Pergana, Surajpur, Tauzi No. 7, Thana No. 45, District Kishanganj, Bihar.

3. Learned Advocate for the petitioner contended that the land belongs to late father of the petitioner and his ancestors, the petitioner being the daughter is exclusively owner of the land, in question, and the Jamabandi of the land, in question, has also been coming in the name of father of the petitioner.

Patna High Court CWJC No.14920 of 2024(2) dt.07-10-2024 2/2 Irrespective of the aforesaid fact, the Government or its instrumentalities made unauthorized construction over the land, in question, compelling the petitioner to approach before this Court.

4. Learned Advocate for the State submits that before approaching this Court, the petitioner ought to approach before the responsible State Officials, who shall look into the matter and pass appropriate order.

5. In view of the nature of the grievance and the submissions advanced, this Court deems it apt and proper to dispose of the writ petition with a liberty to the petitioner to approach before the District Magistrate, Kishanganj by filing an appropriate application and the papers in support of her claim within a period of four weeks from today.

6. In case, such an application is filed by the petitioner, the District Magistrate, Kishanganj shall look into the matter, qua the revenue records, and pass an appropriate order, preferably within a period of twelve weeks thereafter.

7. The written petition stands disposed of.

(Harish Kumar, J.) Jyoti Kumari/- U