Bhalo Devi @ Malo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19216 of 2025 ====================================================== Bhalo Devi @ Malo Devi, W/O Sarju Mahto, Resident of Village- Belauni, P.S. Korma, District- Sheikhpura.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary Land and Revenue Department, Government of Bihar New Secretariat, Patna. 2.
The District Magistrate (D.M.) District-Sheikhpura. 3.
The Deputy Collector Land Reforms (L.R. D.C.) District-Sheikhpura. 4.
The Sub-Divisional Officer (S.D.O.), District-Sheikhpura. 5.
The Circle Officer (C.O.) Ghat-Kushumba, District-Sheikhpura. 6.
The (SDO) Subdivisonal Officer Sheikhpura.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar, Advocate For the Respondent/s :
Mr. Abbas Haider, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief(s):- " (A) For that the writ in the nature of Mandamus commanding the petitioner with prayer from Hon'ble Court to direction the Respondent please not dispossessed the petitioner from the land, because that the petitioner she has highly poor and landless lady, that the nature of land 'Gairmazarua land she has cohabited of said land since long time, whereby and where under that in respect of Mauza Belauni Thana No.208, Anchal Ghat Kusumba in Khata No. 145 Khesra No.877 measuring Rakwa 15 decimal of land was shown in name of Bhalo
Patna High Court CWJC No.19216 of 2025(2) dt.27-11-2025 2/3 Devi @ Malo Devi that at present of same nature of land about 100 hundred peoples were co-habited and the Government has provided facility of Indira Awas. That the Circle Officer has hindrance and directed to the petitioner please vacate the premises and who has objected construction of Indira Awas.
(B) For that grant any other relief or reliefs for which the petitioner is entitled in the facts and circumstances of the case."
2. Mr. Satish Kumar, learned counsel for the petitioner and Mr. Abbas Haider, learned SC-6 for the Staterespondents are present and they are heard.
3. It is submitted by the petitioner's counsel that the petitioner is a poor and landless lady, and she has been residing on Gairmajarua land pertaining to Thana No. 208, Anchal-Ghat Kusumba, Khata No. 145, Khesra No. 877, having an area of 151⁄2 decimals. The petitioner has been residing on the said piece of land for a long time. It is further submitted that the petitioner has been given funds under the Indira Awas Scheme to construct a house on her occupied piece of land. It is lastly submitted that the petitioner has made a prayer before the Circle Officer, Ghat Kushumba, Sheikhpura (Respondent No. 5), by way of Annexure-1, requesting no hindrance be created, she not be asked to vacate the aforesaid land, and should not to be
Patna High Court CWJC No.19216 of 2025(2) dt.27-11-2025 3/3 dispossessed from the said land, which is still pending.
4. On the other hand, learned counsel appearing for the State-respondents submits that, as the petitioner has already filed an application before the Circle Officer, Ghat Kushumba, Sheikhpura (Respondent No. 5), requesting that no hindrance be created, she not be asked to vacate the aforesaid land, and she not be dispossessed from the said land, and the petitioner's issue is premature for consideration under the writ jurisdiction of this Court.
5. In light of the submissions made by the Staterespondents' counsel, this Court is of the view that the issue raised by the petitioner is premature for consideration under writ jurisdiction of this Court. Accordingly, the instant writ petition stands disposed of.
6. The petitioner should pursue her application which is pending before the Circle Officer, Ghat Kushumba, Sheikhpura (Respondent No. 5).
(Shailendra Singh, J) maynaz/- U