Yogendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14972 of 2017 ====================================================== Yogendra Singh Son of Late- Tileswar Singh, Resident of Village- Sihauta, Post Office and Police Station- Maharjganj, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary Old Secretariat Patna. 2.

The Collector, Siwan.

3.

The Land Reforms, Deputy Collector, Maharajganj, District- Siwan. 4.

The Circle Office Maharajganj, Anchal, District- Siwan. 5.

Dhruv Shankar Singh, Son of Late- Ramashankar Singh, Resident of Village- Sihauta, Post Office and Police Station- Maharajganj, DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar, Advocate For the State :

Mr.Md. Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 Though the present writ petition has been filed for quashing the notice dated 04.10.2017, issued by the Circle Officer, Maharajganj, asking the petitioner to remove the encroachment in question, however, the learned counsel for the respondent-State has referred to paragraph no.7 of the counter affidavit, to submit that the Circle Officer, Maharajganj has already declared the petitioner to be an encroacher by passing the final order in connection with Encroachment Case No.6 of 2007-08, which is appealable, and if so advised, the petitioner may avail the alternative remedy of filing appropriate appeal before the appellate authority challenging the final order passed

Patna High Court CWJC No.14972 of 2017(2) dt.21-04-2023 2/2 by the Circle Officer, Maharajganj in Encroachment Case No.6 of 2007-08.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petitioner, however, with liberty to the petitioner to take recourse to such other alternative remedies as are otherwise available under the law.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U