Rajindar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18990 of 2016 ====================================================== Rajindar Yadav Son of Late Mauze Lal Yadav Resident of Village-Alinagar Tole-Jagbani, P.S.-Alinagar, District-Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Darbhanga 3.

The Anchal Adhiakari, Alinagar, P.S.-Alinagar, District-Darbhanga 4.

Surat Yadav 5.

Ram Sakal Yadav Both No. 4 and 5 are Sons of Late Janak Yadav 6.

Rajesh Yadav Son of Surat Yadav 7.

Shiv Kumar Yadav 8.

Bhubneshwar Yadav Both Nos. 7 and 8 ae Sons of Late Ram Sewak Yadav 9.

Rajgir Yadav 10.

Ram Narayan Yadav 11.

Raj Kumar Yadav Nos. 9 to 11 are Sons of Ram Sakal Yadav 12.

Raj Kumar Yadav Son of Laxmi Yadav, Nos. 4 to 12 are Residents of Village- Alinagar, Tole-Jagbani, P.S.-Alinagar, Di ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Respondent/s :

Mr.Dhurjati Kr. Prasad,GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-04-2023 The present writ petition has been filed seeking the following relief:- "1.i) A mandamus commanding the respondents to remove encroachment of Public Road over Khata No.130, Khesra No.1622, Area 2.38 acres situated in village-Alinagar, Tole- Jagbani, P.S.- Alinagar in the District of Darbhanga."

Patna High Court CWJC No.18990 of 2016(2) dt.06-04-2023 2/3 The learned counsel appearing for the respondent-State has referred to Annexure-1 to the present writ petition and has submitted that the Circle Officer-Alinagar, District-Darbhanga has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956. It has also been submitted, by referring to paragraph no.10 of the present writ petition, that it is the averment of the petitioner that all the encroachers except one Surat Yadav, has removed encroachment from the land in question, hence a notice has also been issued to the said Surat Yadav, for removal of the encroachment in question, but till date the said encroachment has not stood removed, hence, necessary directions be given to the District Magistrate, Darbhanga.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the District Magistrate, Darbhanga to ensure compliance of the final order passed by the Circle Officer-Alinagar, in connection with

Patna High Court CWJC No.18990 of 2016(2) dt.06-04-2023 3/3 Encroachment Case No. 5 of 2014-15, subject to verification of the factum of the aforesaid order having not been annulled by any higher forum or Court of law, by taking recourse to the due process of law, forthwith.

(Mohit Kumar Shah, J) S.Sb/sonalU