Patna High Court
Sonawali Devi vs The State Of Bihar on 29 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6389 of 2020
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Sonawali Devi, wife of Sri Tribhuwan Singh, resident of Mohalla -
Indrapuri, Road No. 1, P.S. Shastri Nagar, P.O. Veterinary College, Patna,
District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The District Collector, Patna, District- Patna.
3. The Additional Collector, Patna, District- Patna.
4. The Sub-Divisional Officer, Sadar Patna, District - Patna.
5. The Deputy Collector Land Reforms, Sadar Patna, District- Patna.
6. The Circle Officer, Patna Sadar, District- Patna.
7. Dilawati Singh @ Chunchun Singh, wife of Jitendra Singh, resident of
Siya Kunj, Kali Badi Road, Bye Pass Town, P.O. and P.S. Deoghar, District-
Deoghar (Jharkhand).
... ... Respondent/s
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Appearance :
For the Petitioner : Mr. Ras Bihari Thakur, Advocate
For the Respondents : Mr. Raj Kishore Roy, GP-18
Ms. Prerna Anand, AC to Gp-18
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 29-11-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents. Learned counsel for the petitioner has
filed an undertaking to remove all defects pointed out by the Stamp
Reporter as and when required. It is accordingly directed that all
defects pointed out by the Stamp Reporter be removed within one
month hereof.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition -
Patna High Court CWJC No.6389 of 2020 dt.29-11-2021
"(I) For issuance of appropriate writ in the nature of
MANDAMUS, commanding and directing the respondent
authorities to not disturb the peaceful possession of the
petitioner in respect of Plot No. 201, pertaining to Khata
No. 247 an area 3000 square feet situated in Mauza
Salimpur Dumra, Thana No. 10, Anchal- Patna Sadar,
District- Patna
(II) For issuance of an appropriate writ in the nature of
MANDAMUS, commanding and directing the respondent
no. 6 to not measure the land of the petitioner on the
instance of respondent no. 7, who has no right, title and
interest over the said land although respondent no. 7 is
stranger and not concerned to land in question.
(III) For issuance of an appropriate writ in the nature of
MANDAMUS, commanding and directing the respondent no. 6
to not take any action on the application of the respondent no.
7, although the case related to respondent no. 7 is pending in
the court of respondent no. 2 i.e. Cancellation Jamabandi
Appeal No. 225 of 2017, Mutation Appeal No. 14 of 2019
before the respondent no. 5 and the Sub-Divisional Public
Complaint Redressal Officer office Sub-Division, Sadar, Patna.
(IV) During the pendency of this writ applicatiion in this
Hon'ble Court, the respondent no. 6 be restrained to measure
the land in question on the instance of respondent no. 7.
(V) For any other relief/reliefs for which the writ petitioner
shall found entitled on the facts and circumstances of the case."
Patna High Court CWJC No.6389 of 2020 dt.29-11-2021
3. Learned counsel for the petitioner submits that the
present writ petition need not be pursued in view of the direction
of the District Collector, Patna as the District Collector, Patna has in
a connected proceeding directed the respondent no. 7 to seek
remedy by filing a Civil Suit.
4. Having regard to the stand of the petitioner, the writ
petition stands disposed of.
5. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made by
the petitioner within the stipulated time provided in para-1
hereinabove, failing which the matter shall be brought to the notice
of this Court.
(Vikash Jain, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 02.12.2021
Transmission Date N.A.
