Rita Devi vs The State Of Bihar on 23 July, 2024

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Patna High Court

Rita Devi vs The State Of Bihar on 23 July, 2024

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10857 of 2024
     ======================================================
     Rita Devi W/o Amindra Safi Village- Bardepur, P.O.- Kalikapur, P.S.-
     Kaluahi, Kalikapur, District- Madhubani, Bihar-847228
                                                              ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through the Principal Secretary, Land Reforms
      Department, Bihar, Patna.
2.   The District Magistrate, Madhubani
3.   The Sub-Divisional Officer, Madhubani
4.   The Anchal Adhikari, Kaluahi Anchal, District. Madhubani.
5.   The Circle Inspector, Kaluahi Anchal Office Madhubani
6.   The Halka Karmchari, Anchal Officer, Kaluahi, District- Madhubani
7.    Geeta Devi W/o Lalit Safi Village- Bardepur, P.O.- Kalikapur, P.S.- Kaluahi,
      Kalikapur, District- Madhubani, Bihar-847228
                                                              ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Deepak Kumar, Advocate
     For the Respondent/s   :      Mr. Vishambhar Prasad, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 23-07-2024

                  Heard the learned Advocate for the petitioner and the

      learned Advocate for the State.

                  2. The petitioner by invoking the jurisdiction of this

      Court under Article 226 of the Constitution of India seeking a

      direction upon the respondent authorities to remove the

      encroachment over the land, in question, appertaining to Old

      Khata No. 927, New Khata No. 2171, Old Khesra No. 1654 and

      New Khesra No. 761. The petitioner further prayed to ensure the

      execution of the order passed by the learned DCLR, Madhubani

      in favour of the petitioner.

                  3. Learned Advocate for the petitioner, at the outset,
 Patna High Court CWJC No.10857 of 2024 dt.23-07-2024
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         contended that for identical relief to remove the encroachment

         over the land, in question, the petitioner had approached before

         this Court in CWJC No. 4549 of 2023. This Court vide order

         dated 09.08.2023 has disposed of the writ petition with a

         direction the petitioner to move before the DCLR, Madhubani

         under the provisions of the Bihar Land Disputes Resolution Act,

         2009 within four weeks from the date of the order and further

         directed the DCLR, Madhubani to pass order upon hearing all

         the concerned parties.

                     4. Adverting to the aforesaid facts, learned Advocate

         for the petitioner further contended that pursuant to the order of

         this Court, the petitioner approached before the DCLR,

         Madhubani.        The      respondent         DCLR,   Madhubani   after

         considering the claim of the petitioner vide order dated

         18.03.2024

directed the respondent no. 7 to remove the encroachment and hand over the possession of the land to the petitioner. Despite the aforenoted order passed by the learned DCLR, Madhubani the petitioner has neither handed over the possession nor the encroachment has been removed. In the aforesaid premise, the petitioner approached before the Circle Officer, Kaluahi to execute the order of the DCLR, Madhubani, but to no effect, thus the present writ petition.

5. On the other hand, learned Advocate for the State Patna High Court CWJC No.10857 of 2024 dt.23-07-2024 3/3 submitted that the jurisdiction of this Court cannot be invoked for the purposes of execution of the order of DCLR. The petitioner has remedy before the DCLR itself, or the District Magistrate to get the order executed.

6. Considering the rival contention of the parties, this Court is of the opinion that the petitioner has remedy before the DCLR to get the order executed, who has passed the order for removal of the encroachment vide Annexure-2 to the writ petition, under Section 15 of the Bihar Land Dispute Redressal Act, 2009.

7. Needless to observe that if the petitioner files an application before the DCLR, Madhubani within a period of two weeks, he shall look into the matter and take appropriate action, preferably within a period of six weeks from the date of receipt/production of a copy of this order.

8. The writ petition stands disposed of.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          25.07.2024.
Transmission Date       NA

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