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Patna High CourtCWJC/6416/2023disposed

Rajeshwar Kumar Gupta @ Rajesh Gupta @ Rajesh Kumar Gupta v. The Principal Secretary, Revenue And Land Reforms Department

2023-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6416 of 2023 ====================================================== Rajeshwar Kumar Gupta @ Rajesh Gupta @ Rajesh Kumar Gupta S/o Late Ram Kumar Sav, R/o Dihari P.O. - Dihari, P.S. - Pipara, District - Patna. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna.

3.

The Sub Divisional Magistrate, Masaurhi, Patna. 4.

The Circle Officer, Punpun, Patna.

5.

Muneshwar Nath Prasad, S/o Late Naresh Dutta Prasad, R/o Village and P.O. - Dihari, P.S. - Pipra, District - Patna.

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the State :

Mr.Rishi Raj Sinha (SC-19) For the Respondent No. 5:

Mr. Bal Krishna Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2023 The present writ petition has been filed seeking the following reliefs:- "1. (I) For issuance of a writ in the nature of writ of Certiorari for setting aside the order issued vide letter no.152 dated 21.1.2023 in Measurement Case No.65/2022-23 contained in Annexure-6 to this petition by which the respondent no.6 Circle Officer, Punpun has directed to remove the encroachment from Mauja Dihri, Thana no.05 Khesara no.289, 291 Gairmajarua Aam land and Khesara

Patna High Court CWJC No.6416 of 2023(2) dt.17-10-2023 2/2 No. 290 Gairmajarua Malik (Aam Rasta).

(II) For issuance of an appropriate writ, order or direction, directing and commanding the respondents that vide Khata No.131 Plot no.290 area 2 decimal land is Gairmajarua Malik land and the petitioner's grand-mother had purchased the same from the real owner of the land through valid process and thus not disturb the petitioner from his peaceful possession of the said land. The petitioner is in peaceful possession from the date of purchasing."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Punpun, DistrictPatna for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

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