Patna High Court
Sumalati DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as withdrawn.
Summary
Petitioner Sumalati Devi purchased land from her elder brother in 2012 and alleged that the private respondent, Sushila Devi, was illegally grabbing the land. She filed a representation on 29-11-2018 and subsequently filed a writ petition seeking restraining orders against several state officials to prevent the private respondent from encroaching on her land and to stop any breach of peace. The petitioner also sought any other reliefs she was entitled to under law. During the hearing, counsel for the petitioner indicated that the defect pointed out would be removed and later moved for withdrawal of the petition. The court, noting the petitioner's request, dismissed the writ petition as withdrawn.
Issues considered
- Whether the writ petition seeking restraining orders against state officials and a private respondent for alleged land grabbing should be entertained
Subjects
- land grabbing
- writ petition
- restraining order
- breach of peace
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15146 of 2023
======================================================
Sumalati Devi Wife of Manager Bharti, resident of Village-Thepahan Station
Tola, Thepahan Bazar, P.S.-Jiradei, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through The Chief Secretary, Government of Bihar,
Patna.
2. The Secretary, Revenue and Land Reforms Department, Bihar, Patna.
3. The Additional Chief Secretary, Revenue and Land Reforms Department,
Bihar, Patna.
4. The Officer in Charge of Jiradei Police Station, District-Siwan.
5. The Superintendent of Police, District-Siwan, Bihar.
6. The Collector-cum-District Magistrate, District-Siwan, Bihar.
7. The Circle Officer, Jiradei, District-Siwan.
8. Sushila Devi, Wife of Ramniwas Bharti, Resident of Village-Thepahan, P.S.
Jiradei, District-Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Jha, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha (Sc19)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-03-2026 Learned counsel for the petitioner submits that the defect
pointed out will be removed.
2. The present application has been preferred for the
following relief(s):
(A) For commanding the state
respondents No. 4, 5, 6&7 to restrain the
private respondent from grabbing the land of
petitioner and inquire into the matter
pursuant to the repre-sentation made by the
petitioner on 29/11/2018 against the private
respondent for grabbing the land purchased
by the petitioner from his elder brother in
law in 2012 through sale deed executed in
the name of the petitioner.
Patna High Court CWJC No.15146 of 2023(2) dt.26-03-2026
2/2
(B) For commanding the
concerned state respondent authority to take
legal action as well as restrain the private
respond-ents from committing breach of
peace on the purchased land of the
petitioner.
(C) Also for necessary relief
order/direction for which the pe-titioner is
entitled in the eye of law as well as on facts
of the case.
3. Mr. Ritesh Kumar Jha, learned counsel for the
petitioner prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Vijay Singh/-
U
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