IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7822 of 2008
Ina Devi, wife of Sri Kaushal Kishore Prasad, Mohalla Kalighat Mahdauli,
Bajidpur, PS Laheriasarai, District Darbhanga - Petitioner.
Vs.
1) The State of Bihar through its Chief Secretary, Bihar, Patna.
2) The Collector cum District Magistrate, Darbhanga.
3) The Subdivisional Officer, Sadar Subdivision, Darbhanga.
4) The Circle Officer, Bahadurpur Anchal, Darbhanga.
5) The Commissioner cum Chairman, Darbhanga Regional Dev.
Authority, Darbhanga.
6) The Vice chairman, Darbhanga Regional Dev. Authority, Darbhanga.
7) The Darbhanga Municipal Corporation through its City Commissioner,
Darbhanga.
8) The Anchal Amin, Bahadurpur, Darbhanga.
9) Ganga Sahani, son of Sri Bachhu Sahani.
10) Ram Prasad Sahani, son of Sri Julum Sahani, both of Kalighat
Mahdauli, Bajidpur, PS Laheriasarai, Darbhanga - Respondents.
3 3.11.2011
Heard learned counsel for the petitioner and the State.
The petitioner claims through a rent fixation case that
she has been paying rent for 8 ½ dhuirs of land situated at plot no.
16052.
An application was filed by the petitioner with respect
to plot nos. 16051, 16052 and 16053 in which it has been stated
that she has been paying rent to the State of Bihar since 1970. Her
neighbours, namely, Ganga Sahani and his son-in-law Ram Prasad
Sahani have encroached upon the said land. In this context it
appears that the measurement was taken on 21.1.2006 by the
Anchal Amin, Bahadurpur.
The stand of the State is that rent has been wrongly
fixed in the year 1970 with respect to 8 ½ dhurs of land as the
name of Marni Devi is not recorded in the records of right.
In my opinion it is the respondent Circle Officer who
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has to pass appropriate orders in such cases on the basis of the
complaint after hearing the parties. The question as to whether
Marni Devi had title is a different aspect and even accordingly to
the stand of the State the lands in question are public land. It
would, therefore, be proper to determine this aspect and thereafter
remove the encroachment.
The petitioner is directed to pursue his case before the
respondent Circle Officer. He is at liberty to bring a copy of this
order to the notice of the circle Officer, Bahadurpur, respondent
no.4 within a month from the date of its receipt. The matter should
be decided expeditiously by the Circle Officer in order to avoid
further conflict in this matter.
This writ petition is disposed of with the aforesaid
observation and direction.
haque ( Sheema Ali Khan, J .)