Raj Deo Mandal @ Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2559 of 2024 ====================================================== 1.

Raj Deo Mandal @ Rajendra Mandal Son of Batahan Mandal Resident of Village- Laksena, Dharmdiha Sangram, P.S.-Fulparas Sub Division, DistrictMadhubani. 2.

Smt. Pramila Devi Wife of Sri Radhe Shyam Mandal Resident of VillageLaksena, Dharmdiha Sangram, P.S.-Fulparas Sub Division, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector Madhubani. 2.

Collector-Cum-District Magistrate, Madhubani. 3.

Police Superintendent Madhubani.

4.

Sub Divisional Officer (S.D.O.)-Phulparas, Madhubani. 5.

Circle Officer-Cum-the Collector under the Bihar Public Land Encroachment Law, Phulparas Circle, Madhubani. 6.

Ram Ratan Mandal Son of Late Arjun Mandal Resident of Village-Laksena, P.S.-Phulparas District-Madhubani.

7.

Satya Narayan Mandal Son of Pratham Mandal Resident of Village-Laksena, P.S.-Phulparas District-Madhubani.

8.

Satya Deo Mandal Son of Late Batahan Mandal Resident of VillageLaksena, P.S.-Phulparas District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dev Kumar Pandey, Advocate For the Respondent/s :

Mr. Prem Ranjan Raj, AC to SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-06-2024 Heard Mr. Dev Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Prem Ranjan Raj, AC to SC-7.

2. The present writ petition has been preferred for the grant of following relief/s:- "A. For setting aside the impugned land

Patna High Court CWJC No.2559 of 2024(2) dt.19-06-2024 2/3 encroachment proceeding vide land encroachment case no. 13/ 2020-2021 pending in the office of respondent no. 5 which is being illegally proceeded with respect to the the Raiyati lands of the petitioners despite production of the corrected copy of the concerned records of right (Khatiyan) wherein the names of the petitioner no. 1, his brother (proforma respondent) and their sister (mother of petitioner no. 2) have been entered, and where under the respondent circle officer, without ascertaining the nature of land as public or not, is endeavoring for initiation of the demolition drive in order to remove petitioners from their Raiyati land as described in Para no. 5 below referred to as the land in question B.

Patna High Court CWJC No.2559 of 2024(2) dt.19-06-2024 3/3 in presence of the parties so as to ascertain as to whether the same land is a public land or not. C. For any other relief or reliefs as deem fit and proper in the facts and circumstances of this case."

3. At the outset, learned AC to SC-7 submitted that today he had telephonic conversation with the Circle Officer, Phulparas (respondent No. 5) and got information that the land encroachment case no. 13/2020-2021 filed by respondent No. 7 already stands withdrawn.

4. In that background, learned counsel for the petitioner submits that if the statement/submission made by the learned State counsel is correct, the writ petition has already lost its force.

5. Accepting the words of the learned State counsel, the writ petition stands disposed of with liberty to the petitioner that if the same is found incorrect, he can once again approach the High Court.

(Rajiv Roy, J) Adnan/- U