Patna High Court
Savitri Devi vs The State Of Bihar on 23 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.935 of 2023
In
Civil Writ Jurisdiction Case No.9423 of 2022
======================================================
Savitri Devi W/o Sri Bhola Mistri, Residence of at Nahar Par, New Arfabad
Colony, Gur Ki Mandi, Dhanuki, Patna, P.O.-Gulzarbagh, P.S.-Alamganj,
Patna City, District-Patna, Pin-800007.
... ... Appellant/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar.
2. The Principal Secretary, Revenue and Land Reform Government of Bihar,
Patna.
3. Commissioner, Patna Division, Government of Bihar.
4. The District Magistrate, Patna.
5. Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna,
Bihar.
6. Additional Collector Land Reform, Patna.
7. Sub-Divisional Officer, Patna City.
8. Circle Officer, Patna Sadar.
9. Senior Superintendent of Police, Patna.
10. S.H.O. Alamganj, Patna City.
11. Amit Anand, S/o Sri Ramlakhan Mahto, Residence of at Mohalla-New
Arfabad Colony, Besides of Nahar, P.O.-Gulzarbagh, P.S.-Alamganj,
District-Patna, Pin-800007.
12. Ajay Kumar, S/o Bachchu Mandal, residence of at Gur Ki Mandi, P.S.-
Alamganj, P.O.-Gulzarbagh, District-Patna, Pin-800007.
13. Nand Kumar Yadav, S/o Late Subai Yadav, residence of at Mohalla-Navjivan
Colony, P.S.-Alamganj, P.O.-Gulzarbagh, District-Patna, Pin-800007.
14. Jira Devi, residence of at Mohalla-New Arfabad Colony, P.S.-Alamganj,
P.O.-Gulzarbagh, District-Patna, Pin-800007.
15. Vijendra Sharma, residence of at Mohalla-New Arfabad Colony, P.S.-
Alamganj, P.O.-Gulzarbagh, District-Patna, Pin-800007.
16. Ramrati Devi, W/o Akhil Dev Singh, residence of at Mohalla-New Arfabad
Colony, P.S.-Alamganj, P.O.-Gulzarbagh, District-Patna, Pin-800007.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. S. Azeem, Advocate
Mr. Arvind Kumar, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam (AAG-12)
======================================================
Patna High Court L.P.A No.935 of 2023 dt.23-01-2024
2/5
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-01-2024
The writ petitioner-appellant herein, is aggrieved by
the judgment of the learned Single Judge merely permitting her
to avail the alternate remedy of an appeal from the order of the
Circle Officer, Patna Sadar, Patna dated 19.04.2022. The
appellant's contention in the appeal is that there were other
prayers; of restoring the demolished house in the property in
which the petitioner was alleged to have encroached and due
compensation from the Circle Officer.
2. At the outset, we have to notice that the learned
Single Judge had disposed of the writ petition without looking
into the merits, on the request made by the learned counsel for
the petitioner to challenge the order dated 19.04.2022 in an
appropriate appeal, which even at that point of time was hit by
limitation. The petitioner's counsel made the prayer only since
the appeal would have been impeded by the issue of limitation.
The learned Single Judge reserved liberty to the petitioner to file
an appeal within four weeks, which direction if complied with,
the appeal was directed to be disposed of on merits with a
reasoned and speaking order, in accordance with law. Hence,
Patna High Court L.P.A No.935 of 2023 dt.23-01-2024
the limitation issue was not to be looked into by the appellate
authority.
3. The counsel for the appellant takes objection to the
judgment of the learned Single Judge discounting the fact that
he had confined the prayer to the appellate remedy being availed
of, without the rigor of limitation; before the learned Single
Judge.
4. We have also take note of the contentions raised in
the writ petition which is repeated in the appeal. The appellant
in the writ petition traces the title of the land and contends that
after sale deed executed in favour of the appellant there was
mutation carried out, with the Municipality. It is also averred
that the private respondents, who belong to the forward caste,
being inimical to the petitioner; who belongs to an extremely
backward caste, has influenced the Circle Officer to carry out
the demolition of the building in the property. The demolition
was also without notice and is against the order of the Collector
is the further submission made. The relief portion itself shows
that a title suit is pending.
5. Though allegation of malafide is raised against the
Circle Officer impleaded as the 8th respondent, he has not been
impleaded in his personal capacity; which is necessary insofar
Patna High Court L.P.A No.935 of 2023 dt.23-01-2024
as finding the malafides and also awarding any compensation as
prayed for by the appellant.
6. Further, it is very pertinent that, even according to
the appellant, a title suit is pending. It is not stated as to
whether there are any interim orders in the title suit, nor is it
stated whether the matter has been disposed of as of now. If the
appellant establishes the title, then necessarily the appellant
would have to seek restoration of the property. If there is any
allegation of malafide action leading to eviction from a property
and compensation thereof it would have to be agitated in the
Civil Court. The question of title and the illegal eviction,
including no notice having been given, would require evidence,
the adjudication of which the Civil Court would be best suited
and not an extraordinary remedy under Article 226 of the
Constitution.
7. For all the above reasons, including that the
petitioner's counsel before the learned Single Judge having
confined the prayer, the appeal stands dismissed. However, if
the appellant desires to file an appeal, from the order of the
Circle Officer, then necessarily the same shall be done within a
period of four weeks from today in which circumstance as
directed by the learned Single Judge, there would be a
Patna High Court L.P.A No.935 of 2023 dt.23-01-2024
consideration on merits by a speaking order, in accordance with
law.
8. The appeal would stand dismissed with the above
reservation.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
Sunil/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 24.01.2024
Transmission Date
