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High CourtsSingle Bench(2020) 01 PAT CK 0218

Champa Kumari @ Champa Sinha vs State Of Bihar And Ors

Patna High Court · Decided on 14 January 2020

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 766 Of 2020
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Judgment

11 paragraphs · 343 words
1.

Heard learned counsel for the petitioner and learned AC to GP 15 for the State.

2.

The petitioner has moved the Court for the following reliefs:

"(a) The respondents be commanded/directed not to disturb the peaceful possession of the petitioner over a land measuring 10 decimal under Khata no. 36, Plot no. 319 situated in Mauza Mahi Khandak under Thana no.116 within Bihar Sharif Circle and Police Station in the District of Nalanda which will hereinafter be referred to as the lands in question and they be restrained from initiating any harassive and malafide proceeding over the said land by issue of an appropriate writ/writs/order/orders.

(b) By issue of an appropriate writ the steps being taken by respondent nos. 5, 8 and 9 be declared illegal and contemptuous apart from being an extreme example of in subordination and they be deprecated/ criticised/ reprimanded.

(c) By issue of an appropriate writ it be held that the petitioner is the lawful owner and in possession of the lands in question to the extent of her purchase.

(d) By issue of an ad-interim order restraining all actions and proceeding over the land in question by the respondents or their sub-ordinates be stayed during the pendency of the writ application.

(e) Any other relief or releif's which the petitioner be found entitled to be granted to her."

3.

Learned counsel for the State submitted that the relief prayed for does not match with the pleadings.

4.

Learned counsel for the petitioner submitted that in spite of having order in her favour or in the favour of her ex-land owner, the authorities are not mutating her name in the official records.

5.

Be that as it may, the Court finds that for such grievance, remedy is available to the petitioner under the Bihar Right to Public Grievance Redressal Act, 2015.

6.

In view thereof, this writ application stands disposed off with liberty to the petitioner to move before the Competent Authority under the aforesaid Act, which shall be considered on its own merit in accordance with law.