Umesh Prasad Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6099 of 2025 ====================================================== Umesh Prasad Chaudhary S/o Late Bhubneshwar Prasad Choudhary a Citizen of United States of America (Passport Number 645437764), an Overseas Citizen of India (Registration Nymber A 651617), at Present resident of 5814 Krisford Court, Sugar Land, TX-77479, United States of America (USA) ... ... Petitioner/s

Versus

1.

The State of Bihar thtough the District Magistrate, Lakhisarai, DistrictLakhisarai (Bihar). 2.

The District Magistrate, Lakhisarai, District-Lakhisarai (Bihar). 3.

The Superintendent of Police, Lakhisarai, District-Lakhisarai (Bihar). 4.

The Deputy Collector Land Reforms (d.C.L.R.), Lakhisarai, DistrictLakhisarai (Bihar). 5.

The Circle Officer, Block-Surajgarha, District-Lakhisarai (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanchay Srivastava, Advocate Mr. Sushant Srivastava, Advocate Mr. Ashish Kumar Palit, Advocate For the Respondent/s :

Mr. Addl. Advocate General (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-04-2025 Heard Mr. Sanchay Srivastava, learned counsel for the petitioner and the State.

2. The present writ application has been preferred for the following relief(s):

"(i) for issuance of an appropriate writ(s)/ order(s)/ direction(s) in the nature of Mandamus for direction(s) to the respondent authorities to remove the encroachments from the land situated at Mauja-Bishanpur, Thana No. -86,

Patna High Court CWJC No.6099 of 2025(2) dt.24-04-2025 2/3 Tauji No.-5442, Khata No.-141, Khesra No.-3014 in Lakhisarai District, admeasuring about 1 acre 80 decimals, belonging to the petitioner which has been illegally encroached upon by unknown persons.

(ii). That the present writ application is being filed for issuance of an appropriate writ(s)/ order(s)/ direction(s) in the nature of Mandamus for direction(s) to the respondent authorities to hand over the peaceful possession of the encroached lands to the petitioner or his representatives duly authorized by him after removal of the said encroachment.

(iii). And for issuance of any other relief or relief(s) for which the petitioner is entitled for."

3. Learned counsel for the petitioner submits that though, admittedly, the land belongs to him, it has come on record that certain landless people have taken possession and as such, he has to take the legal route available to him in accordance with law.

4. Learned counsel for the State on the other hand submits that the competent Courts are there to file Title Suit in

Patna High Court CWJC No.6099 of 2025(2) dt.24-04-2025 3/3 the matter.

5. Learned counsel for the petitioner submits that he may be permitted to withdraw the petition enabling the petitioner to take up an appropriate remedy in accordance with law and approaching the appropriate respondent/competent Court in this regard.

6. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U