Devendra Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12624 of 2017 ====================================================== Devendra Sah son of Shri Hari Sah, resident of Village- Sirisiya Kala, Police Station- Adapur, District- East Champaran Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Collector, East Champaran at Motihari.

3.

The Sub- Divisional Officer, Raxaul, District- East Champaran. 4.

The Circle Officer, Adapur Circle, District- East Champaran. 5.

Gugul Ram son of Late Makhan Ram 6.

Gena Ram son of Late Makhan Ram 7.

Madan Ram son of Late Makhan Ram 8.

Surendra Paswan son of Late Ram Awtar Paswan, 9.

Arjun Paswan son of Late Damodar Paswan, 5 to 9 are resident of VillageSirisiya Kala, Police Station- Adapur, District- East Champaran Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Gautam,Advocate For the Respondent/s :

Mr.Rishi Raj Sinha,SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2023 The present writ petition has been filed seeking the following relief:- "1.That, this is an application for issuance of appropriate writ(s) / order(s) / direction (s) commanding the respondents to remove the encroachment caused by the respondents no. 5 to 9 over Khesra No.

1081 situated in village-Sirisiya Kala, Police Station-Adapur, District-East Champaran (Motihari), which has been

Patna High Court CWJC No.12624 of 2017(2) dt.20-04-2023 2/2 encroached by the respondents no. 5 to 9, which is public road and only one way of the villagers."

The learned counsel for the respondentState has filed a counter affidavit, which is taken on record. It is submitted that the encroachment has been found over Plot No. 1078 and not over Plot No. 1081, situated at village-Sirisiya Kala, Circle-Adapur, District-East Champaran. It is further submitted that the respondents shall take appropriate action in accordance with law.

The learned counsel for the petitioner is satisfied with the averments made in the counter affidavit filed in the Court today itself, hence, he submits that the present writ petition may be disposed off.

Accordingly, the present writ petition stands disposed off.

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