Juli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16709 of 2023 ====================================================== Juli Devi Wife of Late Anil Kumar Singh, resident of Village-Bodha-Chapra, P.S.-Awatar Nagar, District-Saran (Chapra).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2.

The District Magistrate Saran (Chapra).

3.

The Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Saran at Chapra.

4.

The Additional Collector presently working as Chief Executive Officer, District Board, Saran at Chapra.

5.

The District Engineer, District Board, Saran at Chapra. 6.

The Junior Engineer, District Board, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishore Singh, Adv.

For Zila Parishad :

Mr. Nikesh Kumar, Adv.

For the Respondent/s :

Mr. Sarvesh Kumar Singh ( Aag 13 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 26-03-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "That by filing present writ application the Petitioner is seeking indulgence of this Hon'ble High Court for issuance of an appropriate writ/order/direction commanding upon the respondents to hand over physical possession of shop no. 33 allotted in favour of deceased husband of the Petitioner vide Letter No. 67 dated 09.03.2022 of the Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Saran, Chapra."

3. Learned counsel appearing on behalf of the petitioner has assailed the action of the respondents not handing

Patna High Court CWJC No.16709 of 2023(5) dt.26-03-2025 2/3 over the physical possession of the subject property to the petitioner for the purpose of running the shop. Learned counsel has stated that though the authorities have written letters on 06.01.2024 and directing the petitioner to appear before them on 13.01.2024 but till date the physical possession of the subject property has not been handed over to the petitioner.

4. In the counter-affidavit filed by the respondent No. 3, more specifically at Para Nos. 7 & 8 which has held as under; "7. That, after enquiry as the claim/ demand of the petitioner has been found genuine & true then it has been decided to allot/ settle the shop in the name of petitioner and processes for allotment/ settlement of shops have got initiated and very shortly shops from the available ones will be allotted/ settled in the name of the writ petitioner.

8. That very humbly this answering authority wish to submit it here that only few months back she has taken over charge of the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Saran at Chapra."

5. It is further stated that necessary steps have been taken to hand over of the subject property to the petitioner herein.

6. Having regard to the above mentioned facts and circumstances, the present writ petition is disposed of directing the competent authority to hand over the physical possession of the subject property to the petitioner as expeditiously as possible

Patna High Court CWJC No.16709 of 2023(5) dt.26-03-2025 3/3 preferably within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U