Sanjay Kumar @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2320 of 2023 ====================================================== Sanjay Kumar @ Sanjay Singh Son of Triveni Singh, resident of VillageItahri, P.S.-Naya Ram Nagar and District-Munger. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Land and Revenue Department, Govt. of Bihar, Patna.

3.

The Collector Cum District Magistrate, Munger. 4.

The Sub Divisional Officer, Sadar, Munger.

5.

The Circle Officer, Jamalpur, Munger.

6.

The Revenue Karamchari, Jamalpur, Munger.

7.

The Anchal Amin, Jamalpur, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Shankar Prasad, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "That this is an application for issuance of a writ in the nature of certiorari for setting aside the Notice dated 15.12.2022 followed notice dated 11-08-2022 issued in Encroachment Case no. 01/2022-23 by the Circle Officer, Jamalpur, the

Patna High Court CWJC No.2320 of 2023(2) dt.26-09-2023 2/3 Respondent no. 5, whereby and where under the Circle Officer without following the due procedure directed the Petitioner to vacate the encroached land within 15 days, otherwise, the Administration would get it vacated, though the land of the Petitioner appartaining to Khata no.

203, Kheshra no. 406 under Thana no.

109, Mauza Itahri, P.S-Sadar and District - Munger total land area- 5 decimal is his Raiyati land and it had come in the title of his Grand Father by way of Hukumnama long back in the year 1939 and an old house is situated over it,"

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including prosecuting the title suit bearing Title Suit No.354 of 2022, which is pending adjudication before the learned Court of Sub-Judge-VI, Munger. Liberty, so sought, is granted.

Patna High Court CWJC No.2320 of 2023(2) dt.26-09-2023 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U