Petitioner alleged encroachment on land settled in her favour with a confirmed Basgit Parcha after the State suggested remedy under the BLDR Act, 2009; she sought and was granted permission to withdraw the writ application with liberty to avail her alternative remedy.
Permission to withdraw with liberty to seek remedy under the BLDR Act, 2009.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4440 of 2025
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Kalawati Devi Wife of Narsing Sah, Resident of Village, P.O. - Mathia Hardo, P. S. Kuchaikote, District - Gopalganj.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Respondent/s : Mr. Md. Zeeshan Kalim, AC to SC-20 ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
Heard learned counsel for the petitioner and learned
AC to SC-20 for the State.
Patna High Court CWJC No.4440 of 2025(2) dt.15-04-2025 2/3
(Annexure-P/2) and thus Basgit Parcha issued in favour of the petitioner was confirmed. It is further submitted that petitioner has been paying rent of the land since then and has paid the rent till 2023-24 as would manifest from Annexure-3 to the writ application. It is next submitted that respondent no. 5 despite losing the aforesaid revenue case has forcibly took possession over the part of the land of the petitioner, accordingly, the petitioner represented before the respondent no. 3 and the Superintendent of Police, Gopalganj vide representation dated 15.10.2024 and the representation was sent through speed post on 16.10.2024 as would manifest from the postal receipt (Annexure-P/4) with a prayer to remove the forceful encroachment of the land by the respondent no. 5 but no action till date has been taken, hence, the instant writ application has been filed.
Patna High Court CWJC No.4440 of 2025(2) dt.15-04-2025 3/3
favour. The Collector even dismissed the Basgit Purcha Cancellation Revision Case No. 04/2017 filed by the respondent no. 5 herein by an order dated 24.06.2022, as such, if the land was settled in favour of the petitioner through Basgit Purcha in that event petitioner is not remediless for seeking relief in terms of the BLDR Act, 2009.
withdrawn.
(Satyavrat Verma, J)
Kundan/-
U
1 issue framed by the court
Whether the writ petition challenging forcible encroachment over settled land should proceed or be withdrawn to pursue remedy under the BLDR Act, 2009.
1 provisions across 1 enactments
Kalawati Devi
The State of Bihar through the Principal Secretary Department of Land and Revenue
The Principal Secretary, Department of Land and Revenue, Government of Bihar, Patna
The District Magistrate, Gopalganj
The Circle Officer, Kuchaikote, Gopalganj
Bhola Sah
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
