Lila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1479 of 2024 ====================================================== Lila Devi Wife of Fulo Sharma R/o Village- Dhaboliya P.S Kusheshwar Asthan, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue Department, Govt. of Bihar, Patna.

2.

The Collector, Darbhanga.

3.

The Senior Superintendent of Police, Darbhanga. 4.

The Sub Divisional Officer, Biroul, Darbhanga. 5.

The Circle Officer, Anchal Kusheshwar Asthan, Darbhanga. 6.

The SHO, P.S. Kusheshwar Asthan, Darbhanga.

7.

The Halka Karamchari, Gram Panchayat Kusheshwar Asthan South, Anchal Kusheshwar Asthant East, Darbhanga.

8.

Hare Ram Sharma Son of Sukhdev Sharma Resident of Village-Dhaboliya, P.S.-Kusheshwar Asthan East, District-Darbhanga. 9.

Ranjiwan Sharma Son of Sukhdev Sharma Resident of Village-Dhaboliya, P.S.-Kusheshwar Asthan East, District-Darbhanga. 10.

Bhola Sharma Son of Sukhdev Sharma Resident of Village-Dhaboliya, P.S.- Kusheshwar Asthan East, District-Darbhanga.

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

For the Petitioner/s :

Mr.Dr. Abdus Shakoor, Advocate For the Respondent/s :

Ms. Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2024 Heard the parties.

2. The petitioner has prayed for the following reliefs: (i) for issuance of an appropriate writ the nature of mandamus for direction and commanding upon the respondents authority to take possession over the purchase land of

Patna High Court CWJC No.1479 of 2024(2) dt.09-05-2024 2/3 the petitioner which have already occupied by the respondent no. 8 to 10 pertaining the khata no. 358, Khesra No. 4344 and 4345 an area 5.88 decimals under Mouza Rampur Raut, Thana No. 250 bounded north Gem Rai, South Ramphal Sahu, East Sukhdev Mistri and West Ram Kishun Ral to measurement of said land by the Anchal Amin Anchal Kusheshwar Asthan East, Darbhanga;

(ii) for issuance of an appropriate writ as the nature of mandamus for direction and commanding upon the respondents authority to give provide protection of life and property to her petitioner and his family members due to atrocity of the private respondents no, 9 to ID have been compelled to have their native village with property.

Patna High Court CWJC No.1479 of 2024(2) dt.09-05-2024 3/3 (iii) any other relief/reliefs in which petitioner may be found entitled to the facts of this case.

3. Learned counsel for the petitioner submits that he just want measurement of the land and she had earlier approached the concerned Circle Officer, Kusheshwar Asthan, Darbhanga but without any success.

4. Learned State Counsel submits that if an appropriate application alongwith the supporting documents is/are presented, the respondent concerned is duty bound to act.

5. Considering the limited prayer that the petitioner has made, the writ petition stands disposed of directing her to approach the respondent no. 5, the Circle Officer, Kusheshwar Asthan, Darbhanga within a period of four weeks alongwith all the documents and requisite fee and if such application is filed, the Circle Officer, Kusheshwar Asthan, Darbhanga is duty bound to take the same to its logical conclusion preferably within a period of four months.

(Rajiv Roy, J) Ravi/- U