Meena Devi @ Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17960 of 2022 ====================================================== Meena Devi @ Mina Devi wife of Surendra Yadav @ Surendar Yadav resident of village Mudera Tola Jangli Bigha P.S. Konch P.O. Mudera District Gaya at present resident of Village Jamhor, P.O. and P.S. Jamhor, District Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home and General Administration Department, Govt. of Bihar, Patna. 2.

The Secretary General Administration Department, New Secretariat, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The District Magistrate, Aurangabad (Bihar).

5.

The Superintendent of Police, Aurangabad (Bihar). 6.

The Sub-Divisional Officer, Aurangabad (Bihar). 7.

The D.C.L.R. Aurangabad (Bihar).

8.

The Circle Officer, Aurangabad (Bihar).

9.

The Officer-in-charge Jamhor Police Station, District Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (SC-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2023 1.

The present writ petition has been filed seeking the following relief:- "1.(a)For a direction to the respondent authority to comply its own order dated 23.06.2022 containing Memo No. 736 issued by D.C.L.R, Aurangabad providing proper protection to the petitioner in constructing her house upon her purchased land i.e. on Khata No.

Patna High Court CWJC No.17960 of 2022(4) dt.21-08-2023 2/3 286, Plot No. 463/4246 area 1 1⁄2 decimal.

(b) For a direction to the respondent authority to take legal action against persons who are creating nuisance or hindrance without having any valid right, in constructing the house to the petitioner."

2.

Though a supplementary counter affidavit, sworn by the District Magistrate, Aurangabad is stated to have been filed online, however, copy of the same is not on record, nonetheless, the learned counsel for the respondent-State has handed over a photo copy of the said supplementary counter affidavit, wherein it has been stated that the Additional Collector, Aurangabad has initiated proceedings of demand cancellation against all the six jamabandi holders vide Demand Cancellation Case Nos. 107/2023, 108/2023, 109/2023, 110/2023, 111/2023 and 112/2023, wherein notices have been issued to all the concerned parties. It is also

Patna High Court CWJC No.17960 of 2022(4) dt.21-08-2023 3/3 submitted that steps are being taken to identify the erring and defaulting officials/Revenue Karamchari(s) for the purposes of taking departmental action against them.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Additional Collector, Aurangabad to conclude the proceedings of the aforesaid Jamabandi Cancellation Cases by passing the final orders, in accordance with law, and after hearing the affected parties, within a period of four weeks from today.

4.

The District Magistrate, Aurangabad is also directed to identify the erring and defaulting officials and take appropriate action within a period of four weeks from today, failing which he shall not draw his salary.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U