Maqbool Ahmad @ Makbool Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6414 of 2024 ====================================================== Maqbool Ahmad @ Makbool Ahmad Son of late Sk. Md. Rasool, Resident of village- Rampur Kondar, P.S./Anchal- Kesariya, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Land Reforms Department Govt. of Bihar, Patna.

2.

That District Magistrate, East Champaran, Motihari. 3.

The Sub- Divisional Officer-cum- Public Grievance Redressal Officer Chakia District- East Champaran.

4.

The Anchal Adhikari, Kesariya Anchal, District East Champaran. 5.

Quamrul Islam son of Late Zafar Ali, Resident of village- Rampur Kondar, P.S- Kesariya, District- East Champaran.

6.

Imteyaz Alam, son of Late Zafar Ali, Resident of village- Rampur Kondar, P.S- Kesariya, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman, Advocate For the Respondent/s :

Mr.Standing Counsel 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(A) For issuance of appropriate writ/order er direction quashing the encroachment case No. 16/2023-24 in the office of the respondent no. 4 the Anchal Adhikary Kesariya including notice issued in Form-1 dated 02.01.2024 in Encroachment case No. 16/23-24 by the respondent no. 4 the Anchal Adhikari Kesariya directing the petitioner to appear in his office on 20.01.2024 at 11.30 am and show cause as to why encroachment be not removed from the

Patna High Court CWJC No.6414 of 2024(2) dt.01-07-2024 2/3 land under thana No. 247 and plot no. 3233 and plot no. 3552 which have been declared as public land under sub-Clause 2 of section 2 of the Bihar public Encroachment Act 1956 as contained Annexure- 4 to this writ application. (B) For issuance of appropriate writ/order or direction commanding the respondent no. 4 the Anchal Adhikari Kesariya, Anchal to drop the case land Encroachment case No. 16/2023-24 initiated against the petitioner and also for restraining the respondent no. 4 not to interfere in the peaceful possessions overt the land in question.

(C) For issuance of appropriate writ/order or direction commanding the respondent authorities to take appropriate legal action against the respondent no. 5 and 6 for giving wrong information to them against the petitioner and to mislead the state authorities due to past enmity and personal grudge against the petitioner."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file his objection, within a period of four weeks from today, in the aforesaid encroachment proceedings, initiated vide Encroachment Case No.16 of 2023-24, by the Circle Officer, Kesariya Anchal, District East Champaran. Liberty so sought is granted.

Patna High Court CWJC No.6414 of 2024(2) dt.01-07-2024 3/3

3. It is needless to state that in case the petitioner files his objection, before the Circle Officer, Kesariya Anchal, District East Champaran, within a period of four weeks from today, the same shall be considered in accordance with law and appropriate orders shall be passed, thereon, forthwith.

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

(Mohit Kumar Shah, J) Saurav/- U