IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18460 of 2009 1. BIMLA TILAK W/O LATE RAGHUKUL TILAK R/O VILL- DHANUPARA, P.S- ARA TOWN, DISTT- BHOJPUR Versus 1. THE STATE OF BIHAR 2. COLLECTOR, BHOJPUR AT ARRAH, DISTT- BHOJPUR 3. SUB-DIVISIONAL OFFICER, ARA, DISTT- BHOJPUR 4. ARA MUNICIPAL CORPORATION THROUGH ADMINISTRATOR, ARA DISTT- BHOJPUR 5. ADMINISTRATOR, ARA MUNICIPAL CORPORATION, ARA, DISTT- BHOJPUR ----------- For the Petitioner : Mr. S.S.Devedi, Sr.Adv. For the Corporation : Mr.Vijay Shankar Upadhyay. For the State : Mrs. Nivedita Nirvikar, G.P.-16. 2 8.1.2010 A supplementary affidavit has been filed for correction of facts, as stated in paras 4 and 6 of the writ petition . Let supplementary affidavit be treated as a part of writ petition and the said paragraphs have to be read accordingly, as stated in the supplementary affidavit. By this writ petition, the petitioner, who is an old lady, complained about unauthorized encroachment upon her land by the Ara , Municipal Corporation. The dispute is in relation to plot nos. 526 and 527 having an area of about 2.78 and 2.75 acres respectively appertaining to Khata no. 210 of village- Dhanupara, which is now apparently within the jurisdiction of Ara, Municipal Corporation. Petitioner asserts with reference to , inter alia, a judgment of the 1st Subordinate Judge, Arrah, in Title Suit no. 154 of 1974 that the Civil Court had by its judgment and decree dated 26.9.1979, after perusal of various documents as evidence, held the said land to be that of the petitioner’s father-in-law , which would 2 now being her by virtue of successor. It is averred that without notice and without authority and ignoring her right, Ara , Municipal Corporation trespassed over her land and the Municipal Corporation is trying to make such construction, which is totally unauthorized. It is further averred that she had filed several representations before the Collector, Subdivisional Officer and the Administrator of the Ara, Municipal Corporation but no heed is being paid to it and as such she has been forced to come to this Court of which she is being deprived without authority of law. In my view, it is appropriate that first Ara Municipal Corporation is appraised of petitioner’s right in respect of the said land and they decide whether they have any right in the property or not and under what circumstances they have trespassed over the petitioner’s property and right. I, therefore, direct the petitioner to once again file a detailed representation before the Administrator, Ara Municipal Corporation within a fortnight from today and upon such representation being filed , the Administrator, Ara Municipal Corporation would take a decision in the matter after hearing the parties by a speaking order and communicate the same to the petitioner within one month. Till such final decision is taken by the Administrator, Ara, Municipal Corporation, status quo, as obtaining today on the land, shall be maintained. If petitioner is aggrieved by the order of the 3 Administrator, Ara Municipal Corporation, it would be open for her to take such other remedial measure, as may be advised to her. With the aforesaid observations and directions, this writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)