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Patna High CourtCWJC/3518/2023disposed

Chhotelal Singh v. The State Of Bihar

2024-07-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3518 of 2023 ====================================================== Chhotelal Singh Son of Ram Raksha Singh, Resident of Village- Patilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Collector cum District Magistrate, West Champaran, Bettiah. 3.

The Sub Divisional Magistrate, Bagaha, West Champaran. 4.

The Superintendent of Police, Bagaha, Police District, West Champaran. 5.

The Deputy Collector Land Reforms, Bagaha, West Champaran. 6.

The Anchal Adhikari, Anchal, Bagaha- 1, West Champaran. 7.

The Officer-in-charge, Police Station- Chautarwa, West Champaran. 8.

Kishore Yadav Son of Ramayan Yadav, Resident of Village- Patilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. 9.

Shambhu Chaudhary Son of Late Dhrup Chaudhary, Resident of VillagePatilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. 10.

Brijesh Chaudhary Son of Late Dhrup Chaudhary, Resident of VillagePatilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. 11.

Feku Yadav Son of Late Sahdeo Yadav, Resident of Village- Patilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. 12.

Bajrangi Yadav Son of Sahdeo Yadav, Resident of Village- Patilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. 13.

Indrajeet Yadav @ Charayat Yadav Son of Mahadeo Yadav, Resident of Village- Patilar Chanau Tola, Police Station- Chautarwa, District- West Champaran.

14.

Awadhesh Yadav Son of Chandrait Yadav, Resident of Village- Patilar Chanau Tola, Police Station- Chautarwa, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Respondent/s :

Mr. Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024 The present writ petition has been filed seeking the following relief:-

Patna High Court CWJC No.3518 of 2023(5) dt.05-07-2024 2/3 "1. For issuance of an appropriate writ/writs, commanding/directing the respondents authorities to remove the encroachment made by private respondent nos. 8 to 14 upon government land (Gairmajarua Aam), bearing Thana No. 291, Khata No. 957, Kheshra No. 120 used as Aam Rasta by villagers including the petitioner."

2. At the outset, the learned counsel for the petitioner submits that though in pursuance to the earlier order of this Court dated 03.10.2023, the encroachment in question was removed, however, the said land in question has again been encroached by the encroachers despite the fact that there is no stay in the appeal filed by the private respondent nos. 8 to 10 and 13, bearing Encroachment Appeal No. 39 of 2022-23.

3. In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bagaha-1, West Champaran, and the District Magistrate, West Champaran, Bettiah, for removal of the encroachment in question, in accordance

Patna High Court CWJC No.3518 of 2023(5) dt.05-07-2024 3/3 with law, forthwith.

4. Liberty, so sought, is granted.

5. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U