Sakila Khatoon @ Shakila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.220 of 2024 ====================================================== Sakila Khatoon @ Shakila Khatoon Wife of Md. Rahmat, Resident of VillageBhaluka, P.S.- Kusheshwar Asthan, Dist- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reform Deptt, Govt. of Bihar, Patna.

2.

The Director, Revenue and Land Reform Deptt, Govt. of Bihar, Patna. 3.

The District Magistrate, Darbhanga.

4.

The Additional Collector, Darbhanga.

5.

The Sub Divisional Officer, Biraul, District- Darbhanga. 6.

The Circle Officer, Kusheshwar Asthan, Dist- Darbhanga. 7.

Md. Rahuf @ Rauf, Son of Oli Mian, Resident of Village- Bhaluka, P.S.- Kusheshwar Asthan, Dist- Darbhanga.

8.

Lalo Mian, Son of Ali Hussain, Resident of Village- Bhaluka, P.S.- Kusheshwar Asthan, Dist- Darbhanga.

9.

Fulo Mian, Son of Ali Hussain, Resident of Village- Bhaluka, P.S.- Kusheshwar Asthan, Dist- Darbhanga.

10.

Md. Nizam, Son of Md. Aziz, Resident of Village- Bhaluka, P.S.- Kusheshwar Asthan, Dist- Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shishir Kumar Shishir, Advocate Mr.Binod Kumar Sinha, Advocate For the State :

Mr.Nagendra Pd. Yadav, SC-23 Mr. Vijaya Laxmi Srivastava, AC to SC ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2024 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"That this application is being filed for issuance of writ in the nature of Mandamus direction to Respondents to remove illegal encroachment from the land bearing Revenue

Patna High Court CWJC No.220 of 2024(2) dt.22-04-2024 2/2 Thana - 229, Khata No. 152 New 122 old, Khesra No. 337 New 294 old, Area 4 Dec Mauza Dharampur, Anchal & Thana Kusheshwar Asthan, Dist- Darbhanga entered in the name of Anabad Sarb Sadharan Bihar Sarkar which was encroached by Respondent No. 7 to 10 in illegal manner by constructing thatched house Sahan and Nadi and any other appropriate order, direction save and except in accordance with law."

3. The Circle Officer, Kusheshwar Asthan, DistrictDarbhanga is directed to dispose of the representation dated 23.10.2021 in accordance with law. If he finds that there is any encroachment then he shall issue notice to the alleged encroachers i.e., respondent nos. 7 and 10 and any other encroacher and thereafter, the Encroachment Case No. 8 of 2021-22, shall be disposed of after hearing both the sides.

4. If the alleged encroachers after appearance pray for fresh measurement, a fresh measurement shall be done in presence of the alleged encroachers.

5. This application stands disposed of.

(Sandeep Kumar, J) P. Kumar U