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Patna High CourtCWJC/8398/2018disposed

Chinta Devi v. The State Of Bihar And ORS

2018-05-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8398 of 2018 ====================================================== Chinta Devi, Wife of Harendra Pandey, Resident of Village- Shyampur, P.S. +P.O.- Adapur, District- East Champaran, Motihari. ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Revenue Land Reform Department, Government of Bihar, Patna.

2. The Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

3. The District Magistrate/Collector, East Champaran, Motihari.

4. The Sub Divisional Officer, Raxaul, East Champaran, Motihari.

5. The Circle Officer, Adapur, East Champaran, Motihari.

6. Ram Bhajan Patel, Son of Yamuna Rawat

7. Ratan Patel, Son of Yamuna Rawat

8. Bhagirat Sah, Son of Indradeo Sah

9. Surendra Patel, Son of Ganga Rawat

10. Indrajeet Patel, Son of Dasai Rawat

11. Yogendra Patel, Son of Dasai Rawat

12. Nagendra Patel, Son of Dasai Rawat

13. Rajendra Patel, Son of Iswari Rawat

14. Birendra Patel, Son of Santan Patel All are Resident of Village- Shyampur, P.S. +P.S.- Adapur, District- East Champaran, Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Respondent/s :

Mr. Subhash Chandra Yadav -GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 16-05-2018 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and learned AC to GP-15 for the Respondent-State. Though, the present writ application was registered on 30.04.2018, but in view of the nature of order this Court intends to pass, this Court is neither inclined to adjourn the matter any further nor is inclined to issue notice to private Respondent Nos. 6 to 14. The present writ application has been filed for a direction to the respondent authorities to get the encroachment removed from

Patna High Court CWJC No.8398 of 2018 dt.16-05-2018 2/2 the raiyati land of the petitioner, appertaining to Thana No. 107, Khata No 155, Plot No. 277, which has been encroached upon by private Respondent Nos. 6 to 14.

It is submitted by learned counsel for the petitioner that the petitioner got the land from one Rampati Kunwar, who was the maternal grand-mother of the petitioner.

Since admittedly the land in question is the raiyati land of the petitioner and the same has been encroached upon by private Respondent Nos. 6 to 14, the present writ application is not maintainable before this court as the issue raised herein can not be decided without leading of proper evidence in a proper constituted suit before the competent Civil Court.

Accordingly, this writ application is disposed of with a liberty to the petitioner to seek remedy before appropriate forum. (Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date 22.05.2018 Transmission Date