Anil Prasad @ Anil Kumar Shrivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6806 of 2017 ====================================================== Anil Prasad @ Anil Kumar Shrivastava son of Late Sachidanand Prasad resident of village P.O. - Ganga Pipar, Anchal P.S. - Chiraiya, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar represented through the District Magistrate, East Champaran, Motihari.

2.

The District Magistrate, East Champaran at Motihari. 3.

The Sub-Divisional Magistrate, Dhaka, East Champaran, Motihari. 4.

The Circle Officer, Circle Office, Chiraiya, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Bharti, Advocate :

Ms. Anu Priyadarshni, Advocate For the Respondent/s :

Mr. GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2023 The present petition has been filed seeking the following reliefs :- "(i) To issue a writ in the nature of Mandamus commanding the respondent no. 4 to not interfere with the lands situated in the Mauza-Raghavpur, TolaGanga Pipar, Thana no. 117, Khata no. 25, Plot no. 2216, appertaining an area of 01 decimal of land as the said land is being used right from the lifetime of the grandfather of the petitioner, that too well within the knowledge of the ex-landlord.

(ii) To issue a writ in the nature of

Patna High Court CWJC No.6806 of 2017(2) dt.17-04-2023 2/3 certiorari for quashing of the respective notices dated 07.04.2015 bearing memo no. 251 (Annexure1), notice dated 25.04.2017, 30.03.2017 as the same are based on non-existent and stale ground because the grounds set forth in the notice are based on no material, hence, warrants interference by this Hon'ble Court.

(iii) To issue a writ in the nature of Mandamus commanding the respondent no.4 asking therein that under what compulsion the reply to the show-cause is/are not being placed under the zone of consideration. That apart whether the respondent no.4 has visited the spot if the answer would be in yes then obviously there is no substance in order to corroborate this fact that the petitioner in any manner comes within the ambit of encroacher."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chiraiya, East Chanparan, Motihari for redressal of his aforesaid grievances, in view of the fact that no final order has yet been passed by the Circle Officer, Chiraiya, East Chanparan, Motihari. Liberty so

Patna High Court CWJC No.6806 of 2017(2) dt.17-04-2023 3/3 sought, is granted.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) rinkee/- U