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Patna High CourtCWJC/6556/2024disposed

Rupan Yadav v. The State Of Bihar

2024-07-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6556 of 2024 ====================================================== Rupan Yadav Son of Late Butan Yadav Resident of Ward No. 4, Maheshpura, Dumri, P.O.- Prora, P.S.- Chhaurahi O.P., District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Begusarai. 2.

Deputy Collector Land Reforms, Manjhoul, District- Begusarai. 3.

Circle Officer, Chhaurahi, District - Begusarai. 4.

Baiju Yadav @ Buchchi Yadav Son of Late Nemo Yadav Resident of Village- Dumri, P.S.- Chhaurahi O.P., District- Begusarai. 5.

Sanjay Yadav Son of Baiju Yadav @ Buchchi Yadav Resident of VillageDumri, P.S.- Chhaurahi O.P., District- Begusarai. 6.

Diwakar Yadav Son of Baiju Yadav @ Buchchi Yadav Resident of VillageDumri, P.S.- Chhaurahi O.P., District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arghesh Kumar, Advocate For the Respondent/s :

Mrs. Vijaya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this application is for issuance of an appropriate writ(s), order(s) or direction(s) and thereby to issue a writ in the nature of "Mandamus"

commanding the respondents authorities to execute /implement the order dated 07/05/2022 passed by learned D.CL.R. Manjhoul in Encroachment Case No. 02/2021-22 by which the

Patna High Court CWJC No.6556 of 2024(2) dt.01-07-2024 2/3 learned D.C.L.R. directed to C.O.

Chhaurahi to remove the encroachment over the public land appertaining to Mauza- Demri, Khata No. 32, Plot No. 815 area 14 feet x 25."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Chhaurahi, District-Begusarai to comply with the order dated 07.05.2022, passed by the Deputy Collector Land Reforms, Manjhaul, as aforesaid. 3.

Per contra, the learned counsel for the respondent-State submits that the encroachers, namely, Baiju Yadav and Sanjay Yadav have filed title suit bearing Title Suit No. 10 of 2022, before the Court of Sub-Judge, Manjhaul, with regard to the land in question, hence the order dated 07.05.2022, as aforesaid, is not being enforced, however, it is submitted by the learned counsel for the petitioner that the injunction petition filed in the aforesaid title suit has already stood rejected, hence there is no impediment in enforcing the aforesaid order dated 07.05.2022.

4.

Having regard to the facts and

Patna High Court CWJC No.6556 of 2024(2) dt.01-07-2024 3/3 circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the Circle Officer, Chhaurahi, District-Begusarai and bring the aforesaid fact regarding dismissal of the injunction petition, to the notice of the Circle Officer, Chhaurahi, District-Begusarai, who shall then take appropriate action, forthwith, in accordance with law.

5.

The writ petition stands disposed off on the aforesaid terms.

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