Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16271 of 2023 ====================================================== Sushila Devi Wife of Bhikhari Paswan, Resident of Ward No. 2, VillDhamdaha, P.S.- Vidyapatinagar, Dist- Samastipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

2.

The District Magistrate cum Collector, Dist- Samastipur, Bihar. 3.

The Deputy Develoment Commissioner, Dist- Samastipur, Bihar. 4.

The Jila Parishad Samastipur, through District Panchayati Raj Officer, District- Samasitpur.

5.

District Panchayati Raj Officer, Dist- Samastipur, Bihar. 6.

The Sub-Divisional Magistrate, Dalsinghsarai Sub-division, DistSamastipur, Bihar. 7.

The Block Development Officer, Block- Vidyapati, Dist- Samastipur, Bihar. 8.

The Circle Officer, Circle-Vidyapati, Dist- Samastipur, Bihar. 9.

The Gram Panchayat Raj Mau, Dhaneshpur (North) under Block- Vidyapati, District- Samastipur through its Panchayat Secretary. 10.

The Mukhiya, Gram Panchayat Raj Mau, Dhaneshpur (North) under BlockVidyapati, District- Samastipur, Bihar. 11.

The ward member of ward no.- 2 of Gram Panchayat Raj Mau, Dhaneshpur (North) under Block- Vidyapati, District- Samastipur, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Respondent/s :

Mr.Kumar Alok (SC-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-08-2024 The present writ petition has been filed seeking the following relief:- "1. (i) An appropriate writ / writs be issued, commanding the respondents, more particularly to the Respondent No. 2, to remove the encroachment

Patna High Court CWJC No.16271 of 2023(4) dt.13-08-2024 2/3 over the raiyati land belonging to the petitioner, bearing Khata no.- 88, Plot No.-177, situated at Mauja-Baijnathpur Damdama under Vidyapati Block, District-Samastipur.

(ii) An appropriate writ/writs be issued commanding respondents to provide protection to the petitioner as well as to his property in question, as there is a threat from the local representatives and their henchmen.

(iii) An appropriate writ/writs be issued commanding respondents to provide equitable compensation to the petitioner for the period over which the petitioner has been deprived from enjoying his property."

2.

At the outset, the learned counsel for the respondent-State submits that the road in question was neither constructed under any scheme of the Government or by the Government, hence the brick soiling made over the land of the petitioner has already been removed and the District Magistrate, Samastipur undertakes that no hindrance shall be caused to the petitioner, as far as his possession/use of the land in question, is concerned. It is directed accordingly.

Patna High Court CWJC No.16271 of 2023(4) dt.13-08-2024 3/3 3.

The writ petition stands disposed off.

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