Disposed¶24

Rita Devi and Anr. v. The State Of Bihar and Ors.

Patna HC5 Sept 2024CWJC/7859/2018

Case brief

AI extract

What is this about?

CWJC No.7859 of 2018; Rita Devi and Chandrakanti Devi v. State of Bihar; Patna High Court; Harish Kumar, J; decided 05-09-2024; land settlement; Gair Majarua Malik Parti Kadim; Kheshra No. 1082; Khata No. 394; Jamabandi No. 1490; Land Settlement Case No. 04 of 2022-23; Circle Officer Chanpatia; Revenue Clerk report 14.01.2023; statue of Dr. Baba Sahed Bhim Rao Ambedkar; land of public use; scheduled caste; West Champaran; Chanpatia; writ petition closed with liberty to assail Circle Officer's order; NAFR.

What did the court decide?

No settlement direction granted; writ petition closed with liberty to the petitioners to assail the Circle Officer, Chanpatia's order before the appropriate authority/Court. ¶24

Rita Devi and Anr. Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7859 of 2018

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Rita Devi, Wife of Sri Lalbabu Ram,

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Chandrakanti Devi, Wife of Sri Fagu Ram, Both residents of Village- Barohiya, Anchal- Chanpatia, P.S. Chanpatia, District- West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Revenue and Land Reforms Department, Bihar, Patna.

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District Magistrate, West Champaran at Bettiah.

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Anchal Adhikari, Anchal- Chanpatia, District- West Champaran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC-19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 05-09-2024

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Heard the parties.

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The writ petition has been filed seeking a direction upon the respondents to settle the land, ad measuring 5 decimals under Khata No. 394, Kheshra No. 1082, situated at villageBarohiay, Chanpatia Anchal, District-West Champaran, in favour of the petitioners, who belongs to scheduled caste community and have been coming in peaceful possession of the same for more than 20 years.

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The claim of the petitioners was duly considered by the Circle Officer, Chanpatia by instituting Land Settlement Case No. 04 of 2022-23, a report was sought for from the

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Patna High Court CWJC No.7859 of 2018 dt.05-09-2024 2/3

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Revenue Clerk, who in response submitted his report dated 14.01.2023, mentioning therein that Kheshra No. 1082 is mentioned as Gair Majarua Malik, Parti Kadim in survey khatian having total area of 3.25 acre. It has also been reported that on certain portion of the land, writ petitioners have constructed thatched house but residing in the residential house constructed upon the land having an area of 2 decimal, settled in favour of the mother-in-law of the writ petitioners vide Settlement Case No. 67 of 2002-03. It is also reported that the writ petitioner and one Chandrakanti Devi are also owner and in possession of raiyati land appertaining to Khata No. 274, Kheshra No. 1102, Area 3.50 decimal and for which a Jamabandi No. 1490 is running.

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In view of the aforesaid facts, the Circle Officer, Chanpatia has issued a general notice and fixed the date for hearing on 04.02.2023. Finally, the Circle Officer, Chanpatia has disposed of the Land Settlement Case No. 04 of 2022-23, that the land, in question, is of public use and there is a statue of Dr. Baba Sahed Bhim Rao Ambedkar, installed upon the land, in question, and accordingly, the claim of the petitioners have been turned down.

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The counter affidavit has been filed way back on

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Patna High Court CWJC No.7859 of 2018 dt.05-09-2024 3/3

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02.05.2023, till date, no response has been filed.

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Considering the aforesaid fact that the prayer of the

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petitioners for settlement of the land has also been negatived by the concerned Circle Officer, Chanpatia, the writ petition stands closed with a liberty to the petitioners that if the petitioners are aggrieved by the order of the Circle Officer, Chanpatia, they have the remedy to assail the same before the appropriate authority/Court.

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(Harish Kumar, J)

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shivank/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	06.09.2024
Transmission Date	NA

Rita Devi and Anr. v. The State Of Bihar and Ors.

Case brief

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Rita Devi and Anr. v. The State Of Bihar and Ors.

Case brief

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