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2025 DAILYLAW 15520 (PAT)

Gaudam Khatoon v. The State Of Bihar

CWJC/1108/2019 · 2025-01-30

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1108 of 2019 ====================================================== Gaudam Khatoon W/o Late Abdul Mazid Resident of Village-Shivganj,Ward No.7,Narkatiyaganj, P.S. Shikarpur,Dist.-West Champaran ... ... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary,General Administrative Department,Govt. of Bihar,Patna 2. The District Magistrate, West Champaran 3. The Additional Collector, West Champaran 4. The Sub Divisional Officer, Narkatiaganj,West Champaran 5. The Circle Officer, Narkatiyaganj,West Champaran 6. The Executive Officer, Narkatiyaganj Nagar Parishad,West Champaran ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Respondent/s : Mr. Md.N.H.Khan, Advocate For Nagar Parishad : Mr. Prashant Kumar, Advocate Mr. M. Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 30-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Nagar Parishad. 2. The present writ petition has been filed for the following reliefs:- I. For directing the Respondent authorities to remove the Encroachment from the land appertaining to Khata no.9 bearing plot no. 1443 measuring area 01 dhur out of 05 dhoor which was purchased by the Late husband of the petitioner from Lalit Kishore Prasad and Sri Jai Shankar Prasad in the year 1985 on payment of consideration amount vide sale deed no. 4514 dated 05.04.1985 but the Respondent Executive Officer had the road constructed over the remaining Patna High Court CWJC No.1108 of 2019(3) dt.30-01-2025 2/2 portion of the land of the petitioner in a malafide manner. II. For quashing of the order dated 30.12.2017 by which the Respondent District Magistrate disposed of the Appeal of the petitioner on the basis of the report of the Circle Officer. III. For grant such other reliefs) for which the petitioner is found to be entitled in the facts and circumstances of the case. 3. After some argument, all the parties appearing on behalf of their clients submits before this Court that they are ready for fresh measurement. In this background, this Court without entering into the merit or demerit of this case, directs all parties to participate in the measurement of the entire land. The amount for measurement shall be deposited by the petitioner before the Circle Officer and upon deposit of measurement cost, the measurement shall be made within 90 days in presence of the petitioner. Thereafter, the parties shall be at liberty to move further for the grievance, if any. 4. Accordingly, the writ petition stands disposed off. sharun/- (Dr. Anshuman, J) U