Dadan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7455 of 2024 ====================================================== 1.

Dadan Yadav Son of Vaidh Yadav @ Baidhnath Yadav, Resident of VillageMathiya Tola, Guman Rai Mathiya Khas, P.S.- Kuchaikote, DistrictGopalganj. 2.

Ravi Manjhi @ Ravi Paswan Son of Late Fulena Manjhi @ Fulena Paswan, Resident of Village- Mathiya Tola, Guman Rai Mathiya Khas, P.S.- Kuchaikote, District- Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate cum Collector Gopalganj. 3.

The Sub Divisional Officer District- Gopalganj. 4.

The Deputy Collector Land Reforms District- Gopalganj. 5.

The Circle Officer Kuchaikote, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Ranjan For the Respondent/s :

Mr.Standing Counsel 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of a writ of Certiorari quashing the Order/Notice dated 03.04.2023, issued in Encroachment Case No. 46 of 2022-2023, by the learned Circle Officer, Kuchaikote, District Gopalganj, whereby and whereunder the Petitioners have been directed to remove encroachment from the land bearing Khata No. 52, Survey No. 270, Rakba / Area 01 Decimal and 0.% Decimal situated in Mauza at Tola Guman Rai, Thana No. 766, Post

Patna High Court CWJC No.7455 of 2024(2) dt.15-07-2024 2/2 Mateya Khas, Circle Kuchaikote, District Gopalganj, as the said land is a Govt. Land.

And further direct the respondents District Magistrate cum Collector Gopalganj, to make an enquiry on the claim of the Petitioners and then proceed further in accordance with law and till then possession of the Petitioners be not disturbed."

2. After some arguments, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file their objections/representations, before the Circle Officer, Kuchaikote, District-Gopalganj, in response to the notice issued by him, under Section 3 of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.46 of 2022-23. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U