Sunita Devi Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4834 of 2025

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Sunita Devi, W/o-Krishna Prasad, Resident of Nahar Road, Kali Mandir, Saidpur, P.S.- Kadamkuan District- Patna.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The District Magistrate, Patna, District- Patna.

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The Senior Superintendent of Police, Patna.

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The Sub Divisional Officer, Patna City, Patna.

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The Dy. S.P. Patna City, Patna.

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The Circle Officer, Didarganj, Patna City, Patna.

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The Officer-in-charge, Police Station - Mehndiganj, District- Patna.

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Dindayal S/o Raghunath Yadav, Resident of Virua Chak Ranipur, P.S. - Mehndiganj, District - Patna.

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Akhilesh Kumar S/o Raghunath Yadav, Resident of Virua Chak Ranipur, P.S. - Mehndiganj, District- Patna.

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Nandlal S/o Raghunath Yadav, Resident of Virua Chak Ranipur, P.S. - Mehndiganj, District- Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Shashi Bhushan Singh- Advocate Mr. Bipin Kumar- Advocate For the Respondent/s : Mr. S. D. Yadav- AAG-9 Mr. Braj Bhushan Mishra- AC to AAG-9 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 28-07-2025 1. Heard learned counsel for the petitioner and learned AC to AAG-9 for the State.

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The learned counsel for the petitioner submits that the land in dispute in the instant writ application pertains to Khata No.1118, Khesra No.821, area 3.125 decimal at Mauza-

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Patna High Court CWJC No.4834 of 2025(4) dt.28-07-2025 2/4

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Ranipur, District- Patna.

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The learned counsel appearing on behalf of the petitioner submits that petitioner purchased the aforesaid land in dispute by a registered sale deed in the Year 2022 (AnnexureP/1 to the writ application), thereafter the petitioner filed an application seeking mutation of his purchased land in her name and accordingly, Jamabandi No.187 was created. It is submitted that after purchasing the land when the petitioner started constructing her boundary, the private respondents started disturbing her possession. Accordingly, the petitioner filed a Measurement Case No.46 of 2024-25 before the Circle Officer, Patna Sadar. Accordingly, the Anchal Amin measured the land and prepared a Nazri Naksha after obtaining signature of the boundary raiyats i.e. the private respondents as the measurement was done in their presence, a photo copy of the Nazri Naksha along with signature of the boundary raiyats is annexed as Annexure- P/3 and P/3/1 to the writ application. It is submitted that after the Anchal Amin submitted his report along with the aforesaid detail, the petitioner with a view to construct boundary over her land brought some materials for constructing the boundary, but then, the petitioner was not allowed to start construction of her boundary by the private respondents.

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Patna High Court CWJC No.4834 of 2025(4) dt.28-07-2025 3/4

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Accordingly, the petitioner approached the local Officer-incharge Mehndiganj Police Station for seeking protection, but then, the protection was turned out on the ground that the dispute is private. Accordingly, the petitioner submitted her representation before the respondent nos.3, 5 and 7 as would manifest from her representation dated 11.02.2025 (Annexure-7 series and 14.02.2025 (Annexure-8), but then, no action was taken.

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The learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the petitioner to file a fresh representation before the District Magistrate, Patna and the Senior Superintendent of Police, Patna for redressal of her grievance as raised in the instant writ application, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will file a fresh representation before the District Magistrate and the Senior Superintendent of Police, Patna on or before 05.08.2025.

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After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file fresh representation before the District Magistrate, Patna and the Senior Superintendent Police, Patna seeking redressal of her grievance as raised in the instant writ application on

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Patna High Court CWJC No.4834 of 2025(4) dt.28-07-2025 4/4

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05.08.2025.

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In the event, if any application is filed by the petitioner on or before 05.08.2025 seeking redressal of her grievance as raised in the instant writ application, in that event, the concerned authority shall consider and dispose of the representation of the petitioner in accordance with law within a period of three months after giving proper opportunity of hearing to all concerned including the respondent nos.9, 10 and 11.

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It is further made clear that in the event, if it is found that the dispute is civil in nature, in that event, appropriate order shall be passed by both the authorities.

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(Satyavrat Verma, J)

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vikash/-

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U

Sunita Devi v. The State of Bihar

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Sunita Devi v. The State of Bihar

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