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Durga Devi & Ors vs The State Of Bihar & Ors on 20 October, 2011

Patna High Court – Orders
Durga Devi & Ors vs The State Of Bihar & Ors on 20 October, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5195 of 2008
             Durga Devi, W/o. late Bachchulal Katriyar @ Rameshwar Lal
                                        Katriyar
                                         Versus
                     1. The State Of Bihar,
                     2. The Divisional Commissioner, Gaya.
                     3. The Collector, Gaya.
                     4. The Anchal Adhikari, Manpur Anchal, District-
                        Gaya.
                            ----------------------------------

05. 20.10.2011 The petitioner has aggrieved by the notice dated

22.08.2007 (Annexure-1), by which she has been asked to

remove the boundary that she has allegedly constructed

over Plot No.2136.

The case of the petitioner that she is the owner

of Municipal Plot Nos. 20188 and 20189 and new Plot No.

2334, 2335 and 2336. It is the specific case of the

petitioner that she has no concern with Plot No.2136 for

which the said encroachment is alleged.

Learned counsel for the State has filed a counter

affidavit and has stated that the encroachment proceeding

has been initiated and on the basis of the encroachment

proceeding the notice has been issued to remove the

demolition.

In reply to the counter affidavit and submission

made on behalf of the State, counsel for the petitioner
2

submits that the proceeding is still pending and the matter

can be resolved by measuring Plot Nos. 2234, 2335 &

2336 as well as Plot No.22136 which were demonstrated,

whether the boundary has been erected on Plot No. 22136.

I see no difficulty in measuring the plots by appointing an

Amin in the presence of the petitioner so that the matter

can be resolved. I accordingly, direct the petitioner to

produce a copy of this order before the Circle Officer,

Manpur, District- Gaya within one month. On receipt of

the order Circle Officer appoint Amin. Petitioner should

be present on the date on which measurement has to be

done and thereafter final order has been passed in this

matter. In the meantime, the Circle Officer should not

demolish the boundary of the petitioner.

This application is disposed of with the

aforesaid direction.

(Sheema Ali Khan, J.)
Mkr.

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