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Patna High CourtCWJC/4177/2020disposed

Ayodhya Mukhia @ Ram Ayodhya Mukhia v. The State Of Bihar

2023-10-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4177 of 2020 ====================================================== 1.

Ayodhya Mukhia @ Ram Ayodhya Mukhia Son of Late Radha Mukhia Resident of Village- Raghunathpur Ward No.7, Police Station- Majhaulia, District- West Champaran.

2.

Asha Devi Wife of Ayodhya Mukhia @ Ram Ayodhya Mukhia Resident of Village- Raghunathpur Ward No.7, Police Station- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Govt. of Bihar at Patna.

2.

The Collector, West Champaran at Bettiah.

3.

The Sub-Divisional Officer at Bettiah, District- West Champaran. 4.

The Anchal Adhikari, Ancal Majhaulia, Police Station- Majhaulia, DistrictWest Champaran. 5.

Arman Mian Son of Julum Mian Resident of Village- Raghunathpur, Police Station- Majhaulia, District- West Champaran. 6.

Rasid Mian Son of Shahid Mian Resident of Village- Raghunathpur, Police Station- Majhaulia, District- West Champaran. 7.

Rajendra Mukhia Son of Sheo Bachan Mukhia Resident of VillageRaghunathpur, Police Station- Majhaulia, District- West Champaran. 8.

Dukhi Mukhia Son of Late Raghunath Mukhia Resident of VillageRaghunathpur, Police Station- Majhaulia, District- West Champaran. 9.

Chotey Lal Mukhia Son of Late Radha Mukhia Resident of VillageRaghunathpur, Police Station- Majhaulia, District- West Champaran. 10.

Yasoda Devi Wife of Bir Bahadur Mukhia, Daughter of Son of Late Radha Mukhia Resident of Village- Nunwalia, Post Office- Mahua (Majhaulia), Police Station- Majhaulia, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-10-2023

1. Heard the learned counsel for the parties.

2. This writ application has been filed to issue an appropriate writ particularly in the nature of mandamus commanding upon the respondents first party to execute the

Patna High Court CWJC No.4177 of 2020(2) dt.09-10-2023 2/2 order dated 22.10.2018 passed in Encroachment Case No. 1/2018-19 by the Anchal Adhikari, Majhaulia, West Champaran (respondent no. 4).

3. It is submitted on behalf of the petitioners that till date even after lapse of more than five years, the order has not been executed by the Anchal Adhikari, Majhaulia, West Champaran (respondent no. 4). In this regard, he has also filed an application dated 26.07.2019 before the Collector, West Champaran at Bettiah vide annexure-6.

4. In view of the nature of prayer made by the petitioners, this application is disposed of with direction to the Collector, West Champaran at Bettiah (respondent no. 2) to dispose of the representation dated 26.07.2019 which is pending before him in accordance with law after hearing all the parties by a speaking and reasoned order preferably within a period of three months from the date of receipt/production of a copy of this order.

5. This writ application stands disposed of.

(Prabhat Kumar Singh, J) Shishir/- U