Disposed

Manorama Devi @ Rama Devi v. The State of Bihar

Patna HC12 Aug 2024CWJC/12008/2024

Case brief

AI extract

What is this about?

Petitioner sought execution of an Anchal Amin report finding encroachment on her land after the Circle Officer closed the measurement case. The court found a boundary dispute and disposed of the writ with liberty to seek resolution before the DCLR under the Bihar Land Dispute Resolution Act, 2009.

What did the court decide?

Liberty granted to petitioner to apply to the DCLR under the Bihar Land Dispute Resolution Act, 2009 for expeditious consideration.

Manorama Devi @ Rama Devi Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12008 of 2024

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======================================================

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Manorama Devi @ Rama Devi

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... ... Petitioner/s Versus

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The State of Bihar & Ors.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No.2, Advocate For the Respondent/s : Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 12-08-2024

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Heard Mr. Dhannjay Kumar No.2, learned Advocate for the petitioner and Mr. Subodh Kumar, learned Advocate for the State.

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The petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents, especially upon respondent No.3 for execution of the report of Anchal Amin, the copy of which is marked as Annexure-3 to the writ petition.

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Learned Advocate for the petitioner contended that on account of hindrances created by some of the villagers, the petitioner had approached before the Circle Officer to get the land measured and accordingly a Measurement Case No.5 of

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Patna High Court CWJC No.12008 of 2024(2) dt.12-08-2024 2/3

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2022-2023 was instituted. Pursuant to the direction of the Circle Officer, the land in question was measured by the Amin and it is reported that encroachment has been found over some of the part of the land. The report of the Amin is also marked as Annexure-P/2.

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It is next contended that despite the report submitted by the Anchal Amin and having found that there is encroachment over some of the part of the land in question the Circle Officer has closed the measurement case without executing the report of Anchal Amin.

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At this juncture, learned Advocate for the State submits that prima facie , it appears that there is a dispute with regard to the boundary and the petitioner has appropriate remedy before the DCLR under the Bihar Land Dispute Resolution Act, 2009. This Court find substance in the submission of learned Advocate for the State.

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The writ petition stands disposed off with a liberty to the petitioner to approach before the DCLR under the Bihar Land Dispute Resolution Act, 2009. Suffice it to say that if the petitioner approaches before the concerned DCLR by filing a proper application along with the necessary documents/papers in support of his claim, the same shall be considered and

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Patna High Court CWJC No.12008 of 2024(2) dt.12-08-2024 3/3

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disposed off in accordance with the provisions prescribed under Bihar Land Dispute Resolution Act, 2009 expeditiously.

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(Harish Kumar, J)

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durgesh/-

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Manorama Devi @ Rama Devi v. The State of Bihar

Case brief

What is this about?

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Manorama Devi @ Rama Devi v. The State of Bihar

Case brief

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