Swastika Banerjee vs The State Of Bihar
2025 Latest Caselaw 150 Patna

Patna High Court

Swastika Banerjee vs The State Of Bihar on 8 May, 2025

Author: Alok Kumar Pandey

Bench: Alok Kumar Pandey

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6063 of 2022
     ======================================================
     Swastika Banerjee Daughter of Late Siddeshwar Mukherje Resident of At-
     25A, Rajendra Lal Street, Beadon Street S.O., Police Station- Beadon Street,
     District- Kolkata, West Bengal- 700026.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Revenue and Land Reforms Department,
     Government of Bihar, Patna.
3.   The Principal Secretary, Education Department, Govt. of Bihar, Patna.
4.   The Director, Higher Education, Education Department, Govt. of Bihar,
     Patna.
5.   The Collector, East Champaran at Motihari.
6.   The Block Development Officer, Block- Madhuban, District- East
     Champaran.
7.   The Circle Officer, Madhuban Circle District- East Champaran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Karandeep Kumar, Advocate
     For the Respondent/s   :       Md. Khurshid Alam ( AAG 12 )
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

Date : 08-05-2025

In the instant petition, petitioner seeks following

relief(s):-

(i) For directing the respondents to remove the illegal building of a school namely Rajkiyakrit high school (+2), Madhuban, East Chamapran having been constructed over 1 Bigha of the raiyati land of the petitioner appertaining to Thana No. 32, Tauji

total area 2 Bigha 2 Katha 13 dhur, Mauja Bishunpur Tara, Anchal Patna High Court CWJC No.6063 of 2022 dt.08-05-2025

Madhuban without getting either the necessary consent from the petitioner or acquiring the same through due process of law since the land in question is in the name of Shourendra Mukherjee S/o Bisheshar Mukherjee who died issueless leaving behind petitioner and other co-sharer.

(ii) Also for directing the respondent to initiate acquisition proceeding in respect of land m question if the respondent need to utilize the same and consequently make payment of compensation amount to the petitioner in due course of law.

(iii) And for any other relief(s) for which the petitioner is found to be entitled in view of the facts and circumstances of the case.

2. Learned counsel for the petitioner submits

that the land appertaining to Mauja - Bishunpur Tara, Thana No.

32, Khata No. 02, Tauzi No. 491, Kheshra No. 278 area 2 Bigha

2 Kattha 13 dhur was purchased through registered sale deed

dated 28.09.1962 in the name of one Shourendra Mukherjee

(brother of the petitioner) and thereafter his name was mutated

in the revenue record, as contained in Annexure 1 (series). He

further submits that said Shourendra Mukherjee died issueless

leaving behind his legal heir including the present petitioner on

account of which the land in question came in share of the Patna High Court CWJC No.6063 of 2022 dt.08-05-2025

petitioner and, thereafter, she is in peaceful possession of the

said land. He further submits that petitioner made an application

for demarcation of the plot in question before Respondent No. 7

- the Circle Officer, Madhuban Circle District- East Champaran

vide Demarcation Case No. 01 of 2019-20 in which the plot in

question was demarcated and the proceeding of the said case

was disposed of vide order dated 07.04.2019 on the basis of the

measurement report as well as Najari Map dated 07.04.2019

issued by Anchal Amin, Madhuban, as contained in Annexure -

2 (series). He further submits that on 06.01.2020 petitioner has

given representation before the Respondent No. 7 - the Circle

Officer, Madhuban Circle District- East Champaran for removal

of illegal encroachment over the raiyati land of the petitioner but

no action has been taken up til now. Hence, the present writ

petition.

3. Learned counsel for the State submits that if

the petitioner represents his grievance afresh before the

competent authority / Respondent No. 7 - the Circle Officer,

Madhuban Circle District- East Champaran, the competent

authority may look into the matter.

4. Considering the facts and circumstances of the

case and the arguments advanced on behalf of the parties, the Patna High Court CWJC No.6063 of 2022 dt.08-05-2025

instant writ petition stands disposed of with liberty to the

petitioner to represent his grievance afresh before the competent

authority / Respondent No. 7 - the Circle Officer, Madhuban

Circle District- East Champaran with all the relevant documents

which has been annexed in present writ petition within a period

of four weeks from the date of receipt of this order. If petitioner

represents his grievance within the stipulated period, the

competent authority shall pass appropriate order, in accordance

with law, expeditiously, preferably within four months from the

date of filing of his representation, after giving due opportunity

of hearing to the parties concerned and considering all the

necessary documents with respect to the land in question.

(Alok Kumar Pandey, J) alok/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          10.05.2025.
Transmission Date       N/A