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Patna High CourtCWJC/20865/2014disposed

Jai Prakash Gupta And ORS v. The State Of Bihar And ORS

2024-06-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20865 of 2014 ====================================================== 1.

Jai Prakash Gupta Son of Late Ram Chandra Prasad At Shop No. 19, Meena Bazar, Post- Motihari, Police Station - Town, District - East Champaran at Motihari 2.

Sri Surendra Prasad Son of Late Dahaur Prasad Kushwaha At Shop No. 317C, Kushwaha Ata Mill, Meena Bazar, Post Motihari, Police Station - Town, District - East Champaran at Motihari 3.

Gopal Prasad Jalan Son of Late Hukum Chand Jalan At shop No. 9, New Jalan Vastralay, Meena Bazar, Post - Motihari, Police Station - Town, District - East Champaran at Motihari 4.

Shivpujan Prasad Son of Late Ram Prasad Sah At Shop No. 23, Kirana Dukan, Meena Bazar, Post - Motihari, Police Station - Town, District - East Champaran at Motihari 5.

Braj Kishor Prasad Son of Late Ganesh Prasad At Shop No. 21, Meena Bazar, Post - Motihari, Police Station - Motihari Sadar, District - East Champaran at Motihari 6.

Kamal Mustafa, Son of Haji Abdul Salam At Shop No. 20A, Meena Bazar, Post - Motihari, Police Station - Town, District - East Champaran at Motihari 7.

Mobin Akhtar, Son of Late Khalilur Rahman At Shop No. 119, Meena Bazar, Post - Motihari, Police Station - Town, District - East Champaran at Motihari 8.

Ram Chandra Prasad Son of Late Lahwar Sah @ Late Lahwar Prasad At Shop No. 317 B, Bunja Dukan, Meena Bazar, Post- Motihari, Police Station - Town, District - East Champaran at Motihari 9.

Satyadev Prasad Son of Ram Chandra Prasad At Shop No. 154, Kirana Dukan, Meena Bazar, Post- Motihari, Police Station - Town, District - East Champaran at Motihari 10.

Rajeshwar Rai Son of Late Janak Rai, At shop no. 300, Masala Dukan, Meena Bazar, Post - Motihari, Police Station - Town, District - East Champaran at Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, East Champaran at Motihari 3.

The Additional Collector, Revenue, East Champaran at Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court CWJC No.20865 of 2014(2) dt.19-06-2024 2/3 ORAL ORDER 19-06-2024 The present writ petition has been filed seeking the following relief:- "1. That the present writ petition is being preferred assailing the validity and correctness to notice issued by the Additional Collector, East Champaran at Motihari, District Revenue Section under Letter No.1166 dated 15.09.2014 to the petitioners indicating that they are utilizing the shop under lease land even after expiry to lease periods in absence of necessary permission and directions issued for the application for lease renewal within a period of one week and pay earlier dues and in case of failure to exercise the said offer necessary action will be taken for eviction by treating them encroacher upon the land without considering the actual and legal aspect including relation of tenant and landlord, since a long back and even judicial finding on the said aspects and for the other relief / reliefs on the basis of the facts and circumstances of the case as elaborated and stated herein"

Patna High Court CWJC No.20865 of 2014(2) dt.19-06-2024 3/3 2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent authorities for redressal of their subsisting grievances, if any, in accordance with law. Liberty so sought is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U