Ram Pratap Paswan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16601 of 2015 ====================================================== 1.Ram Pratap Paswan son of late Bhagwat Paswan. 2.Hari Paswan son of late Ram Das Paswan.

3.Shiv Nath Paswan son of late Janak Paswan.

4. Rajendra Paswan son of late Gulab Paswan.

5. Mantu Paswan son of late Radhe Paswan.

6. Bilas Paswan son of late Mishri Paswan.

7. Ram Babu Paswan son of late Mishri Paswan.

8. Lallan Paswan son of late Shak Paswan.

All residents of village Sammaspur, Police Station Fatuha, District Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Land Reforms, Government of Bihar, Patna.

2. The District Magistrate, Patna.

3. The Sub Divisional Officer, Patnacity, District Patna.

4. The Circle Officer, Fatuha, District Patna.

5. Rajendra Paswan alias Lotha Paswan.

6. Ganga Sagar Paswan alias Shaley Paswan.

7. Bijendra Paswan son of Doman Paswan All sons of late Ballabh Paswan.

Both residents of village Sammaspur, Police Station Fatuha, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.K.N.Choubey,Senior Adv.

Mr.Ashok Kumar Garg,Adv.

For the Respondent/s :

Mr.Md.Irshad,AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2023 The present writ petition has been filed seeking the following relief:- "1.(i) For issuance of writ, order or direction in the nature of mandamus directing the respondent-authorities to give effect/comply with the order dated 06.01.2014 passed by Deputy Collector, Land Reforms, Patna City in Land Dispute

Patna High Court CWJC No.16601 of 2015(2) dt.20-03-2023 2/3 Case No. 63/2013-14, whereby the learned Deputy Collector, Land Reforms, Patna city has directed to the Circle Officer, Fatuha to remove the encroachment made by private respondent over the petitioner's land.

(ii) For issuance of writ, order or direction in the nature of Mandamus directing respondents to remove encroachment made by private respondents over the petitioners' land which was settled by authorities concerned in favour of the petitioners for residential purpose.

(iii) For issuance of writ, order or direction in the nature of Mandamus directing to respondent-authorities to perform their duty in accordance with law."

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty to challenge the order dated 29.06.2016, passed by the SubDivisional Officer, Patna City in Bandobasti Case No. 1 of 1998-99, whereby and whereunder the settlement of the petitioners qua the land in question has been cancelled. Liberty so sought is granted.

Patna High Court CWJC No.16601 of 2015(2) dt.20-03-2023 3/3 The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/sonalU