Shashi Kishore Singh @ Lalan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3416 of 2017 ====================================================== Shashi Kishore Singh @ Lalan Singh Son of Kamakhya Narain Singh, Resident of village - Anandpur Kharauna, P.O. Anandpur Kharauna, P.S. Paroo, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Muzaffarpur 2.

The Collector - Cum - District Magistrate, Muzaffarpur 3.

The Additional Collector, Muzaffarpur 4.

The Deputy Collector, Land Reforms, West, Muzaffarpur 5.

The Circle Officer, Block - Paroo, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Respondent/s :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). To issue a writ in the nature of certiorari to quash and cancel the memo No.61 dated 11.01.2017 (Annexure-2) issued under authority of Circle Officer, Paru, Muzaffarpur whereby and whereunder learned C.O. has held that petitioner has encroached the land bearing Khata No.527, Khesra No. 2720, Area 2475 Sq.

Kari situated at Mauza- Aanandpur, Khirauni, P.S.-Paru, Distrct- Muzaffarpur and asked to vacate the said land. As also to quash notice dated 24.9.2016 of C.O., which is Annexure-3 of this application.

Patna High Court CWJC No.3416 of 2017(2) dt.11-04-2023 2/2 (ii) To restrain the respondent from harassing the petitioner which is being caused through the aforesaid notice which has not any substantial basis.

(iii). To hold and declare that in view of the background/papers/precedence of the land petitioner has not encroached the land under Bihar Public Land Encroachment Act, 1956.

(iv). To hold and declare that notice of the learned C.O. is the document without any basis, substance and jurisdiction, accordingly it is not sustainable in the eye of law and thus it is fit to be quashed."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed, however, subject to the aforesaid liberty.

(Mohit Kumar Shah, J) Ajay/- U