Durga Devi @ Mosmat Durga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16880 of 2024 ====================================================== Durga Devi @ Mosmat Durga Devi Wife of Late Krishna Mishra, resident of Village-Bhetaura, Post-Bahsa Pipra, P.S.-Fatehpur, District-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The District Magistrate, Gaya, Bihar.

3.

The Additional Collector, Gaya, Bihar.

4.

The Commissioner, Magadh Division, Gaya.

5.

The Superintendent of Police, Gaya, Bihar.

6.

The Sub Divisional Officer, Sadar, District-Gaya. 7.

The Land Reforms Deputy Collector, Sadar, District-Gaya. 8.

The Circle Officer, Tankuppa, District-Gaya.

9.

The Officer in Charge, P.S. Fatehpur, District-Gaya. 10.

Rekha Devi (Ward Member), Wife of Sanjeev Kumar Prabhat, resident of Village-Bhetaura, Post-Bahsa Pipra, P.S.-Fatehpur, District-Gaya. 11.

Sanjeev Kumar Prabhat, son of Babulal Prasad, resident of Village-Bhetaura, Post-Bahsa Pipra, P.S.-Fatehpur, District-Gaya. 12.

Anita Devi, wife of Dilip Prasad Yadav, resident of Village-Bhetaura, PostBahsa Pipra, P.S.-Fatehpur, District-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Respondent/s :

Addl. Advocate General- 09 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i). For issuance of a Writ in the nature of Mandamus, commanding the Respondent Authorities, especially the Respondents No. 5, 6, 7, 8 and 9 to immediately stop the illegal construction

Patna High Court CWJC No.16880 of 2024(2) dt.11-11-2024 2/3 made by the respondents number 10 and 11 with the support of respondent number 12 over the Gair Majarua land, appertaining to Khata No. 247, plot number 743, having total Rakba 3 decimal, situated at village- Bhetaura, P.S.

Fatehpur, District - Gaya (ii). For issuance of Writ in the nature of Mandamus, commanding the Respondents No. 10, 11 and 12 to immediately stop their illegal construction over the disputed land in question.

(iii). For issuance of Writ in the nature of Mandamus, commanding the Respondents No. 1 and 2 to take appropriate action against the Circle Officer, Tankuppa, Gaya (Respondent No.

8) as till date the Circle Officer, Gaya has not taken any preventive measure against the private respondents to stop the illegal construction being made by them over the disputed land.

(iv). For issuance of writ in the nature of Mandamus commanding the Respondents No. 2, 3,8 and 9 to immediately take steps to prevent the private respondents from making any structure over the disputed land in question and take legal action against them for disobeying the order dated 01.01.2021, passed by the appellate authority (v) For issuance of writ in the nature of

Patna High Court CWJC No.16880 of 2024(2) dt.11-11-2024 3/3 Mandamus commanding the respondent authorities especially respondents number 2, 4 and 8 to immediately take action upon the application filed by the petitioner in accordance with law."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Tankuppa, District-Gaya, for redressal of her aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off.

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