IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6862 of 2003 BIBI ABDA KHATOON wife of Late Syed Khaja Ahmad resident of Mohalla Allal Patti P.S. Laheriasarai, District Darbhanga. ..........Petitioner. Versus 1. THE STATE OF BIHAR. 2. District Magistrate, Siwan 3. Sub Divisional Magistrate Sadar Subdivision, Siwan. 4. Block Development Officer, Sadar town Block Siwan 5. Circle Officer, Sadar, town Block Siwan ..........Respondents. ----------- 7 16.12.2010 Heard the parties. The petitioner has approached this court by filing the present writ petition for following reliefs: a) A writ in the nature of mandamus or any other appropriate writ, order orders, or direction/directions for commanding the respondents not to encroach the land of the petitioner. b) A writ in the nature of mandamus or any other appropriate writ, order or direction for commanding the respondents to clear the land of the petitioner from all site of encroachment and hurdle and return the same to the petitioners. c) A writ in the nature of mandamus or any other appropriate writ order or direction for commanding the respondent to build the boundary which has been demolished by them or pay cost, for the said work. d) A writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondent not to made any delay in clearing the land from encroachment and return the said land to the petitioner. e) A writ in the nature of mandamus or any other 2 appropriate writ order or direction for commanding the respondent to clear the land of the petitioner as early as possible. f.) Any other relief or reliefs to which the petitioner be deemed entitled. 2. It is submitted by learned counsel for the petitioner that the husband of the petitioner purchased a piece of land bearing plot No.3151 appertaining to khata no. 95 area 7 katha 2 dhurs situate in the town of Siwan, District Siwan from one Md. Yunus by a registered deed dated 23.5.1959. Subsequently aforesaid plot of land was transferred to the petitioner by her husband and the land was mutated in her name. It is also the case of the petitioner that lands in question was acquired by the respondent State under the provisions of Land Acquisition Act in the year 1958 for the purpose of D.A.V. H.E.School, Siwan , but compensation was not paid to the owner of the land. Therefore, subsequently by an order/notification dated 23.7.1959, the lands in question was returned to the land owner. It has been asserted by the petitioner that the lands in question have been coming in personal use of the previous land owner or subsequently under the use of her husband in view of purchase and finally the same has been coming in personal used of the petitioner. 3. Though in the present petition no specific order passed by any authority of the Respondent State has been challenged, but the grievance of the petitioner is that at the behest of a local leader, her land has been forcibly occupied for the construction of local stadium, which has been constructed from the Member of Parliament Local Area Development Fund. The other grievance of the 3 petitioner is that Respondent District Magistrate has taken forceful possession of the lands in question for construction of Stadium at Siwan. Neither any proceeding under the provisions of the Land Acquisition Act was started by the competent authority nor any compensation has been paid to the petitioner for the land in question. Therefore, in the submission of the learned counsel for the petitioner, entire actions of the respondent State and its functionaries are arbitrary and illegal. 4. A detailed counter affidavit has been filed on behalf of respondent nos. 2 to 5 disputing the entire claim of the petitioner. In the counter affidavit it has been admitted that a Stadium at Siwan town has been constructed from the Mamber of Parliament Local Area Development Fund of the then M.P., namely, Md. Shahbuddin. But it has been asserted in paragraph -24 that as a matter of fact lands in question bearing plot no. 3151 appertaining to khata no. 95 are 7 katha 2 dhurs was belonging to one Khwaza Ahmad son of Sayed Wali Ahmad, resident of Station Road, Siwan and Jamabandi No. 624 has been created in the name of Wahida Khatoon wife of Sayed Khwaza Ahmad and rent of aforesaid land has been paid by her up to 2001- 2002. Therefore, respondents have tried to dispute the very title of the petitioner over the lands in question. It has also been disputed in the counter affidavit that any boundary wall was erected by the husband of the petitioner. 5. A rejoinder affidavit has been filed on behalf of the petitioner stating therein that though the land in question was originally belonging to Syed Khwaza Ahmad, who is non-else but the 4 husband of the petitioner, but the husband of the petitioner subsequently transferred the lands in question in favour of the petitioner. 6. After having heard the parties at length and on perusal of materials available on record, it is apparent that the claim of the petitioner has not been adjudicated by any competent authority. Though petitioner claims to have approached the Respondent District Collector-cum-Magistrate, Siwan by filing some representations, but no order having been passed by the Respondent District Collector, has been brought on record by either side. Certain disputed question of facts are there in the present proceeding, therefore, it would be appropriate that those disputed question of facts are resolved by some competent authority of the respondents State. 7. In view of nature of controversy raised in the present proceeding, this court is of the considered opinion that the petitioner must approach the respondent District Collector, Siwan for redressal of her grievances, who will look into the genuine grievances of the petitioner, and, after giving opportunity of hearing to all concerned, will pass a speaking order regarding the grievance of the petitioner. The petitioner is hereby directed to file a detailed representation before the District Collector, Siwan, within a period of one month from today with a certified copy of this order and all the relevant documents/sale deeds/transferred deeds in support of her claim over the land in question, where after the Respondent- District Collector would be obliged to dispose of the same within a period of three months from the date of the filing of such representation. After 5 examining all the relevant documents and after hearing the parties, if the District Collector comes to a finding that the petitioner is the owner of land in question and the same has been forcibly occupied by the authorities without taking legal recourse, then in that case respondent District Collector, Siwan will either release the lands in question or pay her adequate compensation for the said land. It is made clear that this court has not gone into merits of the claim of the parties and that is left to be decided by the District Collector, Siwan. It is further made clear that if any representation is not filed by the petitioner along with certified copy of this order within the time of one month fixed by this Court, then it would be construed that the present writ petition stood rejected by this court. With the aforesaid observations and directions, the present writ application stands disposed of. No Costs. M.Rahman ( Birendra Prasad Verma, J )