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Patna High Court

Most. Meena Devi @ Mina DeviversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The petition was withdrawn, and the court disposed of it without adjudicating the substantive issues.

Summary

Meena Devi filed a writ petition in the Patna High Court seeking certiorari to quash an order dated 04‑07‑2018 that cancelled her jamabandi and mandamus to prevent her dispossession and demolition of her house, alleging conspiracy and misuse of the Bihar Public Land Encroachment Act, 1956. She also requested compliance with a prior 1999 High Court order and disciplinary action against a Circle Officer. After hearing, counsel for the petitioner sought liberty to withdraw the petition and approach other authorities. The court granted this liberty and disposed of the petition as withdrawn, without addressing the merits of the reliefs sought.

Issues considered

  • Whether the order cancelling the petitioner’s jamabandi under the Bihar Public Land Encroachment Act, 1956 is liable to be quashed.
  • Whether the authorities should be directed by mandamus not to vacate or demolish the petitioner’s house pending lawful procedure.
  • Whether the respondents must comply with the earlier High Court order dated 26‑11‑1999 in C.W.J.C. No. 893 of 1989.
  • Whether disciplinary action should be taken against the Circle Officer for alleged concealment of facts.

Subjects

  • writ petition
  • certiorari
  • mandamus
  • jamabandi
  • land encroachment
  • withdrawal
  • Patna High Court
  • Bihar Public Land Encroachment Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16575 of 2018
                 ======================================================
                 Most. Meena Devi @ Mina Devi W/o Late Daya Nand Sahani @ Daya Nand
                 Chaudhary, Resident of Village-Sammaspur, P.O. and P.S.-Fatuha, Distit-
                 Patna.
                                                                          ... ... Petitioner/s
                                                   Versus
           1.     The State Of Bihar
           2.    The Principal Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate, District-Patna.
           4.    The Addicional District Magistrate, District-Patna.
           5.    The Deputy Collector, Land Reforms, Patna City, District-Patna.
           6.    The Circle Officer, Circle -Fatuha, District-Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimal Kumar Jha, Advocate
                 For the State            :        Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of a writ in the nature of

                                        certiorari    for   quashing     the    order    dated

                                        04.07.2018 passed in Jamabandi Cancellation

                                        Case No. 20/17-18 by the court of Additional

                                        District     Magistrate,    Patna,     whereby    and

                                        whereunder the Jamabandi No. 69/ बडा standing

                                        in the name of the petitioner at Fatuha Anchal

                                        with respect to the land of Plot No. 290, Khata

                                        No. 73, having an area of 2/3 decimal situated at

                                        Mouza-Bankipur Gorakh, Thana No.18, Anchal-
Patna High Court CWJC No.16575 of 2018(2) dt.27-02-2026
                                           2/3




                             Fatuha, District-Patna has been canceled behind

                             the back of the petitioner under conspiracy

                             making erstwhile raiyat Kaushalendra Kumar

                             Singh as party to the case, who is now not

                             available      in    the     village,   in   order   to

                             vacate/dispossess the petitioner from the said

                             land under the Bihar Public Land Encroachment

                             Act, 1956.

                                         (ii) for issuance of a writ in the nature

                             of mandamus commanding and directing the

                             respondent authorities not to vacate/dispossess

                             the petitioner and demolish her house, standing

                             on the above mentioned land without adopting

                             the procedure of law.

                                         (iii) for issuance of a writ in the nature

                             of mandamus, commanding and directing the

                             respondents to comply with the order dated

                             26.11.1999 passed by this Hon'ble Court in

                             C.W.J.C. No. 893 of 1989 and consequently they

                             should approach the competent court as this

                             petitioner has been in possession of the aforesaid

                             land as recorded raiyat for a long time.
            Patna High Court CWJC No.16575 of 2018(2) dt.27-02-2026
                                                       3/3




                                                     (iv) for passing necessary orders so

                                         that appropriate and immediate action be taken

                                         against the Circle Officer for concealing the real

                                         facts and representing wrong facts before the

                                         Additional District Magistrate in order to gain

                                         illegal order and vacate the legal possession of

                                         this petitioner and demolish her house standing

                                         on the said land.

                                                     (v) for granting any other relief/reliefs

                                         for which the petitioner may be found entitled in

                                         the facts and circumstances of the case.”

                                  3. After some argument, learned counsel for the

                      petitioner submits that he may be permitted to withdraw the

                      petition with liberty to approach appropriate authority/court for

                      redressal of the grievance.

                                  4. Granting said liberty, the writ petition is disposed

                      of as withdrawn.



                                                    (Rajiv Roy, J)
vinayak/-

U


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