Raghu Nath Prasad Alias Raghu Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4027 of 2024 ====================================================== 1.

Raghu Nath Prasad alias Raghu Nath Rai Son of Basdev Rai, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran. 2.

Ram Agaya Yadav, Son of Malik Yadav, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

3.

Deo Chandnra Yadav, Son of Saryug Yadav, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

4.

Amiri Yadav, S/o Basdev Ray, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

5.

Ram Pukar Yadav, Son of Yogi Yadav, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

6.

Ram Vinesh Yadav alias Ram Vinesh Prasad Yadav, Son of Shankar Prasad Yadav, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

7.

Lakshman Sahni, Son of Sukhal Sahani, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

8.

Sanjay Singh, Son of Vindeshvari Singh, Resident of Village- Katkenwa, P.S. Adapur, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, East Champaran. 2.

The Sub-Divisional Magistrate, Raxaul District - East Champaran. 3.

The Anchal Adhikari, Adapur, P.S. Adapur, District - East Champaran, Motihari.

4.

The S.H.O. Police Station Adapur, District - East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Alka Singh, Advocate For the Respondent/s :

Ms.Vijay Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ/order or direction for quashing/setting aside the notice dated 10.8.2022 issued by Anchal

Patna High Court CWJC No.4027 of 2024(2) dt.13-05-2024 2/3 Adhikari, Adapur, District-East Champaran u/s 3 of the Bihar Public Land Encroachment Act 1956 (Encroachment Case No.8/21-22) by which Anchal Adhikari, Adapur has been pleased to direct the petitioners above named as to why the encroached area of Plot No.670 Khata No.164 situated in Mauja Katkenwa, Adapur, East Champaran by the petitioners details given in the name not removed and as the said land is public land under Section 2 of Sub-Section (2) of the Act and fixed a date i.e. 23.8.2022 for producing/submitting documents at 11 A.M.

(ii) For issuance of an appropriate writ/orders or directions for commanding and directing the respondents authorities not to disturb or demolish the residential houses of the petitioners upon which the petitioners family are residing since long.

(iii) For issuance of an appropriate writ/orders or Adirections for directing the respondents for proper measurement of the land of Plot No.670 Khata No.164 situated in village-Katkenwa as the same was not properly measured."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file their reply/objections to the notice dated 10.08.2022, issued by the Circle Officer, Adapur, District-East Champaran at Motihari,

Patna High Court CWJC No.4027 of 2024(2) dt.13-05-2024 3/3 under Section 3 of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U