IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11965 of 2025 ====================================================== 1. Basanti Kuwar W/o Chandeshwar Singh, R/o vill- Ichari, P.S.- Ayer, District - Bhojpur. 2. Mina Devi, W/o Shiv Kumar Singh, R/o vill- Mohan Tola, Jangal Mahal, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar. 2. The D.M, Bhojpur. 3. The Deputy Collector, Land Reforms, Bhojpur. 4. The Circle Officer, Agiaon (Garhani), District- Bhojpur. 5. Sub-Divisional Officer, Ara. 6. Station House Officer, Agiaon (Garhani), District- Bhojpur 7. The SDO, BSPHCL Garhani, Bhojpur. 8. Fatima W/o Samas Khan, R/o Vill. - Dhamaniya, P.S. - Agiaon, (Garhani), District- Bhojpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Respondent/s : Mr. Ajay Bihari Sinha (GA-8) For the Resp. no. 7 : Mr. Vivek Prasad, Adv. (SC) Mr. Pratiyash Kumar, Adv. (AC to SC) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 31-07-2025 In the instant petition, the petitioners have prayed for following relief(s):- “That the present writ petition is being filed for issuance of order/ orders direction/ directions to the authority concerned to give direction to authority concerned to vacate the land in question by the respondent no. 8 who has occupied the land of the petitioners and constructed a shed where she is residing. The Circle Officer, Garhani has himself inspected the land in question of khata no. 216, khesra no. 1233, area 6 decimal and hear the matter on 09/09/2023 in presence of both the parties namely Mina Devi (1st party) and Samas khan Patna High Court CWJC No.11965 of 2025(2) dt.31-07-2025 2/3 (2nd party) and direction was given to the 2nd party to vacate the land in question within 10 days. The said decision has been taken in Janta Darbar (land dispute matter dt. 09/09/2023), but till today the respondent no. 8 didn’t vacate the land/shed in question. No appropriate steps have been taken by the authority concerned to vacate the shed by respondent no.8 till today. The grievance of the petitioner to vacate the land in question because they want to construct her house on the land in question and they have also applied for the electric connection before the SDO, electricity dept, Garhani. In such circumstance, your lordship may give direction to authority concern to pass necessary order to according to law.” 2. Learned counsel for the petitioners submits that the petitioner no. 1 has purchased the land in question appertaining to khata no.216, khesra no.1233, area 6 decimal and petitioner no.2 has purchased the land in question appertaining to khata no.216, khesra no.1233, area 4 decimal and another land appertaining to khata no.216, khesra no. 1233 are 2 decimal which are mentioned at Annexures-P/1 and P/2 series of the present writ petition. The said lands were mutated in the name of petitioners as is evident from Annexure-P/11 of the present writ petition. He further submits that they have approached the Janta Darbar with regard to grievance of the encroachment upon the land in question and by virtue of order of Circle Officer, Garhani as contained in Annexure-P/6 it has been directed that the encroachment should be removed. The concerned Circle Officer has not complied and same Patna High Court CWJC No.11965 of 2025(2) dt.31-07-2025 3/3 has not been acted upon and hence, the petitioners have approached this court by way of the present writ petition. 3. Learned counsel for the State submits that the concerned C.O. has already passed an appropriate order in the light of given facts and circumstances of the case. If the petitioners approach before the concerned C.O. for compliance of such order and produce all the relevant materials, the concerned C.O. will take appropriate action in the light of the earlier order passed by the concerned C.O. 4. Considering the facts and circumstances of the case and the arguments advanced on behalf of both the parties, the present writ petition stands disposed of with direction to the Circle Officer, Garhani to hear the grievance of the petitioners in execution proceeding and the concerned Circle Officer after considering all the materials, which have been raised by the petitioners in the present writ petition, by giving them due opportunity of hearing to all concerned parties as per provision of law without being prejudiced by the order passed by this court within a period six weeks from the date of receipt of the order. amitkumar/- (Alok Kumar Pandey, J) U