Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16872 of 2022 ====================================================== Basanti Devi Wife of Late Ram Sagar Choubey, Resident of Mohalla-Court Area, Barh, Police Station-Barh, District-Patna. ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Patna.

4.

The Sub Divisional Officer, Barh, Patna.

5.

The Circle Officer, Barh, District-Patna.

6.

The Block Development Officer, Barh, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2,Adv.

For the Respondent/s :

Mr.Sajid Salim Khan,SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2023 The present writ petition has been filed seeking the following relief:- "1.That for the present writ application is being filed for issuance of an appropriate writ/writs, direction/directions, order/orders for setting aside the notice dated 28.11.2022 and notice dated29.11.2022 issued by the Block Development Officer, Barh, Patna whereby and whereunder the petitioner has been directed to vacate the premise within 24 hours otherwise same would be vacated through process of law and further for issuance of direction to the

Patna High Court CWJC No.16872 of 2022(11) dt.03-04-2023 2/3 respondent authorities, particularly the respondent no. 6 to not take any coercive measures pursuant to the notice dated 28.11.2022 and 29.11.2022."

At the outset, the learned counsel for the respondent-State has referred to the counter affidavit, filed in the present case by the Circle Officer, Barh on 20.02.2023, to submit that the land in question, being claimed to have been purchased by the petitioner, through a sale deed, is a land which has already stood acquired by the respondent-State way back in the year, 1957.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other remedies, as are otherwise available under the law, including that of filing appropriate title suit before the learned Civil Court of competent jurisdiction, for redressal of her grievances and during the interregnum period, she seeks some interim protection. Liberty so sought is granted.

It is directed that for a period of six weeks

Patna High Court CWJC No.16872 of 2022(11) dt.03-04-2023 3/3 from today, the petitioner shall not be disturbed from the residential house in her possession, so as to enable her to avail such other alternative and efficacious remedies, as are otherwise available under the law and obtain interim order.

The writ petition stands dismissed as not pressed, however with the aforesaid liberty.

(Mohit Kumar Shah, J) sonal/S.SbU