Patna High Court
Kamla Devi vs The State Of Bihar on 16 February, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10962 of 2019
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Kamla Devi Wife of Yogendra Sharma Resident of Village- Ankuri, P.S.- goh,
District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar through, the Chief Secretary, Govt. of Bihar, Patna.
2. The District Magistrate Aurangabad.
3. The Superintendent of Police Aurangabad.
4. The SDPO Daudnagar, Aurangabad.
5. The Sub Divisional Officer Daudnagar, Aurangabad.
6. The DCLR Daudnagar, Aurangabad.
7. The Circle Officer Daudnagar, Aurangabad.
8. The Circle Amin Son of Kapil Dom, Resident of Village- Gopalpur, P.S.-
Goh, District- Aurangabad at present residing at Village- Ankuri, P.S.- Goh,
Distt.- Aurangabad.
9. Ranjan Dom Son of Kapil Dom Resident of Village- Gopalpur, P.S.- Goh,
district- Aurangabad at present residing at Village- Ankuri, P.S.- Goh, distt-
Aurangabad.
10. Dharmendra Dom Son of Kapil Dom Resident of Village- Gopalpur, P.S.-
Goh, district- Aurangabad at present residing at Village- Ankuri, P.S.- Goh,
distt- Aurangabad.
11. Upendra Dom Son of Kapil Dom Resident of Village- Gopalpur, P.S.- Goh,
district- Aurangabad at present residing at Village- Ankuri, P.S.- Goh, distt-
Aurangabad.
12. Indal Dom Son of Kapil Dom Resident of Village- Gopalpur, P.S.- Goh,
district- Aurangabad at present residing at Village- Ankuri, P.S.- Goh, distt-
Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP14
For the respondent nos. 9 to 12 Mr. Santosh Chandra Bhaskar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 16-02-2023
Heard learned counsel for the petitioner, learned counsel
for the State and learned counsel for the respondent nos. 9 to 12.
The petitioner has filed the instant application for the
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following reliefs:
"1. That this is an application for issuance of
appropriate writ/ writs, order/ orders, direction/
direction commanding the respondent authorities
especially respondent no. 2 and 7 to take
appropriate steps against the private respondent
no. 9 to 12 who instead of taking possession of
their settled land being Thana No. 220, Khata
No. 153, Plot No. 209, Area- 3 decimals bounded
by in North Plot No. 213, Sough- Pathway, East-
Dharmendra Dom, West- Upendra Dom
forcefully encroached the raiyati land of petition
appertaining to Khata No. 209, Plot No. 213,
Area- 5 decimals bounded north-by self, South-
Private Respondent, East- Self, West- River.
Petitioner further indulgence seeks
commanding Hon'ble Court the respondent
authorities especially respondent no. 2 to 7 to
provide security to petition to enjoy her raiyati
land which has been encroached by using
unlawful force by private respondent as they got
settlement of a piece of land in their favour by
the government but instead of taking possession
on settled land they encroached the part land of
petitioner and causing hindrance in enjoyment
and use of her legal right on raiyati land.
Petitioner further seeks any other relief/
reliefs for which she is found entitled in the eye
of law and in the facts and circumstances of the
Patna High Court CWJC No.10962 of 2019 dt.16-02-2023
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present case."
It is contended on behalf of the petitioner that she is the
owner of the raiyati land appertaining to Khata no.209 Plot
no.213 which she received on partition in the family. Out of the
total area of 7 decimals received by her, an area of 5 decimals
has been encroached by the private respondents. It is further
submitted that it is not in dispute that although the private
respondent nos. 9 to 12 were given Basgit Parcha but the same
was pertaining to Plot nos. 209 and not Plot no.213.
As per the case of the petitioner, the private respondents
having encroached upon the petitioner's land, hence the instant
writ application praying for the prayer made hereinabove.
A counter affidavit has been filed on behalf of the
respondent nos. 9 to 12 enclosing with the same copies of the
Basgit Parcha issued in favour of the private respondents from
which also it would be evident that the lands given to the private
respondents is Plot nos. 209. What further transpires from the
Basgist Parcha is that adjacent North of Plot no.209 is plot
no.213.
In view of the peculiar facts of the case, this Court by its
order dated 26.9.2022 ordered as hereinunder.
"Heard the parties.
The contention of the learned counsel for
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the petitioner is that the private respondent was
issued the Basgit Parcha instead of possessing
the land giving to him by Basgit Parcha, he is
claiming the land belonging to the petitioner and
he threatened the petitioner that if petitioner will
take steps for measurement of the land, the
private respondent will file a cause under SC/ST
Act against the petitioner.
District Magistrate, Aurangabad is directed
to get the land of the petitioner demarcated and
the land of the private respondent which has
been alloted to him under Basgit Parcha shall
also be demarcated so that this dispute is solved
for once and all."
A counter affidavit has been filed on behalf of the
respondent no.6 ie the DCLR, Daudnagar, Aurangabad stating
therein that the land was got measured and demarcated by the
Anchal Amin in presence of son of the petitioner who
subsequently refused to put his signature and a measurement
report has also been submitted by the Anchal Amin before the
Circle Officer. Relevant portion of the counter affidavit is
quoted hereinbelow:
"6. That pursuant to that the land of the
petitioner got measured and demarcated by the
Anchal Amin and thereafter a measurement
report to this effect has been submitted by
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Anchal Amin before the Circle Officer, Goh.
.........................................................
9. That in compliance with the aforesaid order
dated 05.12.2022, of this Hon'ble Court, the
measurement and demarcation of the land in
question has been done in presence of son of the
petitioner namely Shashi Ranjan Sharma and
private respondents and villagers also, who put
their signature on attendance paper. After
completion of process of measurement, the
Anchal Amin prepared his measurement report,
stating therein that the houses of private
respondents/setties have been constructed over
the settled land bearing Plot No.209 and no
encroachment has been found made by the
settles over the realyati land of the petitioner
bearing plot no.213. Accordingly the Anchal
Amin submitted his measurement report along
with Nazari Naksha before the Circle Officer,
Goh.
The copy of measurement
report along with Nazari
Naksha of Anchal Amin in
annexed herewith and
marked as Annexure-"B" to
this series."
10. That after completion of process of
measurement of the land in question a
proceeding was prepared on spot upon which all
concerned put their signature but the petitioner's
son Shashi Ranjan Sharma and his family
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member Madan Mohan Sharma refused to put
their signature on the proceeding paper.
11. That thereafter the respondent no.7, Circle
Officer, Goh vide letter no.1595 proceeding
dated 14.12.2022, clarifying. Hon'ble Court all
concerned parties were duly noticed and in their
presence the process of measurement has been
completed dated 16.12.2022 submitted his report
along with measurement report and therein that
in compliance with the aforesaid order dated
05.12.2022of this scientifically by the Anchal Amin. Accordingly the land in question of the petitioner and the settled land of the private respondents has been demarcated.
The copy of C.O., report Goh along with enclosures submitted vide letter no.1595 dated- 16.12.2022 is annexed herewith and marked as annexure-"C" to this series."
At this stage learned counsel for the petitioner referring to the report of the Anchal Amin dated 26.10.2018 (Annexure-4) and more particularly paragraph nos. 4 and 5 thereof submits that encroachment was found on petitioner's land and the private respondents did not permit the pillars to be placed while the land of the petitioner was being demarcated.
In view of the facts of the case as stated hereinabove this Patna High Court CWJC No.10962 of 2019 dt.16-02-2023 7/7 writ application is disposed of with the following observations and directions:
(i) The Basgit Parcha issued to the private respondents are in connection with Plot no.209 while the land of the petitioner is in Plot no.213.
(ii) The respondent authorities will once again carry out demarcation of the land of the petitioner and shall place pillars to demarcate the lands.
(iii) Respondent no. 3, the Superintendent of Police will provide police force, if asked for, for carrying out the above demarcation and placing of pillars.
(iv) Respondent no.6, the DCLR, Daudnagar and respondent no.7, the Circle Officer, Daudnagar shall carry out the above within a period of four weeks.
The writ application stands disposed of.
(Partha Sarthy, J)
Bibhash
AFR/NAFR
CAV DATE
Uploading Date 20.2.2023
Transmission Date