Usha Devi vs State of Bihar - 2024 Supreme(Pat) 838

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 838

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

Advocates:
For the Petitioner: M/s Sudhir Kumar Bijpuria, Anil Kumar Gupta.
For the Respondents: Mr. Sajid Salim Khan, SC-25.

Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the notice dated 18.06.2018, issued by the Circle Officer, Tarapur, Munger i.e. the respondent no. 2, in connection with Encroachment Case No. 10 of 2018-19, by which the petitioner has been informed that Plot No. 7 admeasuring 28’ x 8’ has been encroached by him, hence the encroachment should be removed by 03.07.2018.

2. The learned counsel for the petitioner has submitted that the petitioner is a landless lady who is daughter-in-law of late Gangadhar Jha, in whose favor the respondent no. 2 had issued Basgit Parcha on 04.08.1976 and since then rent is being paid to the State of Bihar. It is stated that Jamabandi exists in the name of the deceased father-in-law of the petitioner, however, without considering the aforesaid facts the respondent no. 2 has issued the impugned notice dated 18.06.2018. Thus, it is submitted that the aforesaid notice dated 18.06.2018 be quashed.

3. Per contra, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case that the Jamabandi in question is admittedly not existing in the name of the petitioner and even if it

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