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
In reply to the counter affidavit and submission
made on behalf of the State, counsel for the petitioner
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
(Sheema Ali Khan, J.)