Ramdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6929 of 2022 ====================================================== Ramdeo Yadav Son of Late Sahasram Yadav Resident of Israin Khurd, Police Station- Kumarkhand, District- Madhepura at present residing at Middle School Chowk, Police Station- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Department, Patna. 2.

The Director, Revenue Department, Government of Bihar, Patna. 3.

The Divisional Commissioner, Saharsa.

4.

The District Magistrate, Madhepura.

5.

The Deputy Collector, Land Reforms, Madhepura Sadar, DistrictMadhepura. 6.

The Circle Officer, Kumarkhand, District- Madhepura. 7.

Manan Yadav Son of Late Hari Kishun Yadav Resident of Village- Israin Khurd, Police Station and Anchal- Kumarkhand, District- Madhepura. 8.

Baso Yadav Son of Late Hari Kishun Yadav Resident of Village- Israin Khurd, Police Station and Anchal- Kumarkhand, District- Madhepura. 9.

Deo Narayan Yadav Son of Late Hari Kishun Yadav Resident of VillageIsrain Khurd, Police Station and Anchal- Kumarkhand, District- Madhepura. 10.

Samtoliya Devi Wife of Late Daya Nand Yadav Resident of Village- Israin Khurd, Police Station and Anchal- Kumarkhand, District- Madhepura. 11.

Bhupendra Yadav Son of Dukha Yadav Resident of Village- Israin Khurd, Police Station and Anchal- Kumarkhand, District- Madhepura. 12.

Surendra Yadav Son of Rameshwar Yadav Resident of Village- Israin Khurd, Police Station and Anchal- Kumarkhand, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of writ in the nature of mandamus directing the respondents to remove encroachment from the land in question, which

Patna High Court CWJC No.6929 of 2022(10) dt.05-09-2024 2/2 has been illegally encroached by the Respondents No. 7 to 12.

(ii). For directing the Respondents to remove encroachment made over the land in question by the Respondent No. 7 to 12, in the light of order passed in Land Dispute Case No. 05 of 2013 and 253 of 2013, by Deputy Collector Land Reforms, Madhepura, in Appeal No. 217 of 2014 by the Divisional Commissioner, Saharsa, as also by the Hon'ble High Court in C.W.J.C. No. 14351 of 2015."

2.

At the outset, the learned counsel for the RespondentState submits that the Respondents No. 7, 8, 11 and 12 have already been removed from the encroached land and the encroachment has been cleared from the land in question and as far as the Respondents No. 9 and 10 are concerned, Basgit Parcha has been issued in their favour, as also jamabandi is existing in their favour, hence, steps are being taken to cancel the same and proceed further, by taking recourse to the due process of law. It is directed accordingly.

3.

The present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U