Disposed

Baidehi Devi v. The State Of Bihar and Ors.

Patna HC5 Sept 2024CWJC/14639/2015

Case brief

AI extract

What is this about?

Writ petition sought removal of encroachment over raiyati land by private respondents despite final encroachment proceedings and allotment orders. After arguments, counsel sought liberty to approach the Circle Officer, Mushari, for redressal; the High Court granted liberty and disposed of the petition.

What did the court decide?

Liberty granted to approach Circle Officer, Mushari, for redressal of grievances.

Baidehi Devi Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14639 of 2015

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Baidehi Devi Wife of Sri Jalim Mishra Resident of village - Dwarika Nagar, Police Station - Mushari, District - Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar

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

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The Director, Land Reforms and Revenue, Department, Govt. of Bihar, Patna

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The Divisional Commissioner,Tirhut Division, Muzaffarpur

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The District Magistrate - cum - Collector, Muzaffarpur null null

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The Senior Superintendent of Police S.S.P. Muzaffarpur

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The Sub - Divisional officer, East, Muzaffarpur

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The Deputy Collector Land Reforms D.C.L.R. , East, Muzaffarpur

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The Circle officer, Mushari, District - Muzaffarpur

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The Officer - in - Charge cum S.H.O. Mushari, P.S. District Muzaffarpur

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Subodh Paswan Son of Late Dinai Paswan

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Amod Paswan Son of Late Dinai Paswan

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Ravindra Paswan Son of Late Dinai Paswan

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Parikshan Paswan Son of Late Saryug Paswan

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Bhavikshan Paswan Son of Late Saryug Paswan

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Ashok Paswan Son of Late Saryug Paswan All the Respondent No. 11 to 16 are resident of village - Binda, P.S. Mushari, District - Muzaffarpur

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Jay Prakash Sharma, Advocate For the Respondent/s : Mr. A.B. Sinha, G.A.-8 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 05-09-2024

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The present writ petition has been filed seeking the following reliefs:-

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“1. (i) For issuance of order, direction or writ of Mandamus or any other

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Patna High Court CWJC No.14639 of 2015(3) dt.05-09-2024 2/4

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appropriate writ for directing the respondent authorities to remove the illegal encroachment from the public land connecting the raiyati land of the petitioner bearing Khata No. 286, Khesra No. 163, Thana No. 472, situated at Village-Binda, AnchalMushari, District-Muzaffarpur which remains encroached by the respondent nos. 11-16 who have made illegal constructions over the same and have restrained the petitioner from accessing her raiyati land itself. (ii) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to take appropriate remedial action for removal of encroachment over the raiyati land of the petitioner bearing Khata No. 286, Khesra No. 163, Thana No. 472, situated at Village- Binda, Anchal- Mushari, District- Muzaffarpur on which, the respondent nos. 11-16 have illegally constructed a hut. (iii) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to take

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Patna High Court CWJC No.14639 of 2015(3) dt.05-09-2024 3/4

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consequential action of removing illegal encroachment over the aforesaid land in pursuance of the orders passed in appropriate land encroachment proceeding bearing Case No. 41/2010-11 and Misc. No. 02/2014-15 which have attained finality.

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(iv) For issuance of order, direction or writ of Mandamus or any other appropriate writ for directing the respondent authorities to take appropriate action in pursuance of order dated 16.09.2014 passed in Misc. Case No. 2/14-15 by the learned C.O., Mushari by which he has been pleased to allot lands to the private respondent nos.11-16 since despite such allotment, the aforesaid respondents have not cleared the encroachment.”

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After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mushari, District-Muzaffarpur, for redressal of her aforesaid grievances. Liberty, so sought, is granted.

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Patna High Court CWJC No.14639 of 2015(3) dt.05-09-2024 4/4

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Accordingly, the present writ petition stands disposed off.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Baidehi Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Baidehi Devi v. The State Of Bihar and Ors.

Case brief

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