Baban Kumar Jha @ Baban Jha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5124 of 2017 ====================================================== 1.

Baban Kumar Jha @ Baban Jha Son of Late Kusheshwar Jha @ Kushe Jha, 2.

Shashi Nath Jha @ Shes Nath Jha, Son of Late Abadh Jha @ Awadh Jha, Both are resident of village - Dekuli, P.S. Bahadurpur, District - Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Darbhanga Division, Darbhanga 3.

The District Magistrate, Darbhanga 4.

The Sub Divisional officer, Darbhanga Sadar, Darbhanga 5.

The Sub - Divisional Public Grievance Redressal Officer, Darbhanga Sadar, Darbhanga 6.

The D.C.L.R., Sadar Darbhanga, District Darbhanga 7.

The Block Development officer, Bahadurpur, Darbhanga 8.

The Circle Development Officer, Bahadurpur, Darbhanga 9.

The Station House Officer, Bahadurpur Police Station, Darbhanga 10.

Mohan Jha @ Mohan Kumar Jha @ Nijam, Son of Sri Chandar Jha, resident of village - Dekuli, P.S. Bahadurpur, District - Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate Mr.Rohit Kumar, Advocate For the State :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2023 The present writ petition has been filed seeking the following reliefs:- "1) A Certiorari setting aside the notice dated 27/02/2017, issued under the signature of Circle Officer, Bahadurpur, contained in Memo No.-447 dated 27/02/2017 as contained in Annexure 2, whereby and where under in the light of

Patna High Court CWJC No.5124 of 2017(2) dt.13-04-2023 2/3 Encroachment Case No.-16 of 2016-17, it was directed to the petitioners to vacate the encroached land, as mentioned in aforesaid notice.

(II) A Certiorari setting aside the notice dated 09/03/2017, issued under the signature of Circle Officer, Bahadurpur, contained in Memo No.- 569 dated 10/03/2017 as contained in Annexure 3, whereby and where under in the light of Encroachment Case No.- 16 of 2016-17, it was directed to the petitioners to vacate the encroached land, as mentioned in aforesaid notice, for which earlier also notice was given to the petitioners.

(III) A Mandamus commanding the respondent authorities to do not disturb the valid right, title and possession of the petitioners with respect to the lands situated at the following description of land:- Mauza Thana No. Khesra No. Area Dekuli 228 339/2205(New)/ 234/598(old) 5 decimal under Bahadurpur Anchal in the district of Darbhanga."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the

Patna High Court CWJC No.5124 of 2017(2) dt.13-04-2023 3/3 petitioners to approach the respondent-authorities for redressal of their aforesaid grievances. Liberty, so sought, is granted.

The writ petition stands disposed of as not pressed.

(Mohit Kumar Shah, J) kanchan/Saurav U