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2022 Supreme(Pat) 514

MOHIT KUMAR SHAH
Sharda Devi – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Praveen Prabhakar.
For the Respondent: Mr. Raj Kishore Roy.

MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the notice dated 03.04.2018, issued by the Circle Officer, Narkatiyaganj i.e. the respondent no. 6, whereby and whereunder the husband of the petitioner has been directed to remove the alleged encroachment made over the encroached road situated at Ward no. 23, Narkatiyaganj Nagar Parishad, West Champaran, Bettiah. It is also prayed to restrain the respondents from demolishing the construction erected by the petitioner on her private land.

2. The brief facts of the case according to the petitioner are that the petitioner is the owner of a piece of land situated at Tauzi no. 951, Khata no. 89, carved out of Plot no. 458, Ward no. 23, Narkatiyaganj Nagar Parishad, Narkatiyaganj, having a total area of 8 dhurs, which was purchased vide registered sale deed dated 04.02.1980, whereafter, the petitioner got her name mutated in the records of the Circle Office, Narkatiyaganj as well as in the records of the Nagar Parishad, Narkatiyaganj and then she had constructed her house over the said land in the year 1987 and left 03 feet wide land adjacent to her gate towards road for entrance and for enabling her four-wheeler

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