Ram Raj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6896 of 2020 ====================================================== Ram Raj Tiwari Son of Late Jay Govind Tiwari @ Ramyas Tiwari @ Ramjas Tiwari, Resident of 28, Koirpurwa, Police Station and District-Buxar. ... ... Petitioner

Versus

1.

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

2.

The Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Buxar.

5.

The Additional Collector, Buxar.

6.

The Sub-Divisional Officer, Buxar.

7.

The Circle Officer, Buxar.

8.

The Anchal Amin, Circle Office, Buxar.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2024

1. Though the present petition has been filed by the petitioner for restraining the respondents from dispossessing the petitioner from his residential house, situated over land appertaining to Khata No.500 (old)/ 323 (New), Plot No.574(old)/ 335 (New), situated at village-Buxar Kila, Thana No.332, District-Buxar and for quashing the notice dated 03.01.2020, issued by the Circle Officer, Buxar i.e. the respondent no.7, in connection with Encroachment Case No. 18 of 2019-20, however, at the outset, the learned counsel for the

Patna High Court CWJC No. 6896 of 2020(3) dt.11-12-2024 2/2 respondent-State has submitted by referring to the counter affidavit filed in the present case that since Jamabandi is existing in favour of the petitioner, the proceedings of Encroachment Case No.18 of 2019-20 have been kept in abeyance till the conclusion of the proceedings initiated for cancellation of the Jamabandi in question, i.e. the one bearing Case No. 01 of 2019-20, which is still pending consideration.

2. In view of the aforesaid, the learned counsel for the petitioner submits that the petitioner shall definitely be participating in the aforesaid Jamabandi cancellation proceedings, however, the respondent-State be directed not to dispossess the petitioner from the aforesaid land in question, till the time the Jamabandi in question is cancelled. It is directed, accordingly.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Suruchi/- U