Yogendra Mandal @ Yogendra Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6704 of 2022 ====================================================== 1.

Yogendra Mandal @ Yogendra Prasad Mandal Son of Late Darogi Mandal Resident of Village- Narayanpur, Mewadas Tola, Laxmipur, P.S.- Ismilepur, District- Bhagalpur.

2.

Ramshwarup Mandal @ Jhingo Mandal Son of Late Darogi Mandal Resident of Village- Narayanpur, Mewadas Tola, Laxmipur, P.S.- Ismilepur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar, Patna.

3.

The District Magistrate, Bhagalpur, District- Bhagalpur. 4.

The Sub Divisional Officer, Naugachia, District- Bhagalpur. 5.

The Dy. S.P., Naugachia, District- Bhagalpur. 6.

The Land Reform Deputy Collector, Naugachia, District- Bhagalpur. 7.

The Anchaladhikari, Ismilepur, District- Bhagalpur. 8.

Sri Jagdabi Paswan S/o Late Moti Paswan Resident of Village- Laxmipur, P.S.- Ismilepur, District- Bhagalpur.

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

For the Petitioner/s :

Mr.Sharda Nand Mishra,Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (Sc 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 The present writ petition has been filed seeking the following reliefs:- "1(i) For issuance of writ in the nature of certiorari for quashing the notice bearing memo no. 294 & 295 dated 12.04.2022 issued under signature Anchaladhikari, Ismilepur by which petitioner has been directed to remove the encroachment of

Patna High Court CWJC No.6704 of 2022(2) dt.05-12-2022 2/3 land bearing Mouza-Laxmipur, Thana No.

21, Khata No. 353, 257, 111, Khesra No.

1964, 1963, 1961, Area-1 acre 50 decimal which is running in the name of Tilo Paswan without initiating Encroachment proceeding and without notice and further directed to remove the encroachment on before 27.04.2022 otherwise legal action shall be taken against petitioners.

(ii) For further issue direction to respondents for considering the application dated 21.02.2022 filed by the petitioners before Respondent No.3 inter alia stated that Khata No. 175, Khesra No. 68, Area-1.5 acre only alloted to the name of the Tilo Paswan by Parwana and not allotted MouzaLaxmipur, Thana No.21 Khata No. 353, 257, 111, Khesra No. 1964, 1963, 1961 Area-1 acre 50 decimal.

(iii) For further issue direction to respondent no. 4 and 5 for considering the application dated 21.02.2022 in the light of letter issued bearing no. 647 date 16.03.2022 under signature of Senior Deputy Collector, District Legal Branch, Bhagalpur by which requested to Sub-Divisional Officer, Naugachia and

Patna High Court CWJC No.6704 of 2022(2) dt.05-12-2022 3/3 Dy. S.P., Naugachia to enquire the matter mentioned in the application filed by the petitioner."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Bhagalpur for redressal of their aforesaid grievances. Liberty so sought is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) Sonal/AjayU