Chunchun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6893 of 2023 ====================================================== Chunchun Mandal Son of Late Shiv Charan Mandal, Resident of VillageShiv Mandir Tola, P.S.- Ismilepur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Secretary, Bihar Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Deputy Inspector General of Police, Bhagalpur. 5.

The District Magistrate cum Collector, Bhagalpur. 6.

The Superintendent of Police, District- Bhagalpur. 7.

The Sub-Divisional Officer, Naugachia, District- Bhagalpur. 8.

The Sub-Divisional Officer, Naugachia, District- Bhagalpur. 9.

The Circle Officer, Ismilepur, District- Bhagalpur. 10.

The Officer-in-Charge, Ismilepur Police Station, District- Bhagalpur. 11.

Parshuram Mandal Son of Banti Mandal, Resident of Village- Shiv Mandir Tola, P.S.- Ismilepur, District- Bhagalpur.

12.

Sitaram Mandal Son of Banti Mandal, Resident of Village- Shiv Mandir Tola, P.S.- Ismilepur, District- Bhagalpur.

13.

Bipin Mandal Son of Banti Mandal, Resident of Village- Shiv Mandir Tola, P.S.- Ismilepur, District- Bhagalpur.

14.

Chhavilal Mandal Son of Banti Mandal, Resident of Village- Shiv Mandir Tola, P.S.- Ismilepur, District- Bhagalpur.

15.

Manju Devi Wife of Late Banti Mandal, Resident of Village- Shiv Mandir Tola, P.S.- Ismilepur, District- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Adv.

:

Ms. Pratima Kumari, Adv.

For the Respondent/s :

Ms. Prerna Anand, GP-18.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the

Patna High Court CWJC No.6893 of 2023(2) dt.21-09-2023 2/3 petitioner seeking direction to the respondents to remove the encroachment from the petitioner's land situated in Village Shiv Mandir Tola, P.S. Ismilepur, District Bhagalpur in Khesra No.2061, Rakba 0.2.25 decimal situated in Mauja Parbatta, Revenue P.S.33.

3. Learned counsel for the petitioner submits that petitioner has purchased a land through registered sale deed dated 31.03.2021 bearing sale deed no.1402. After purchase of the land, the petitioner had came in physical possession but respondent nos.11 to 15 have put their greedy eyes and want to encroach the land of petitioner. He further submits that an application has been filed before the S.H.O., Ismilepur on 01.04.2023 but nothing happened.

4. Learned counsel for the State submits that without measurement of the said land it is not possible to ascertain that whether there is any encroachment or not.

5. In this view of the matter, the petitioner is directed to file application for measurement of his land before the Circle Officer, Ismilepur, District Bhagalpur with the cost of measurement. The Circle Officer, Ismilepur, District Bhagalpur is directed to complete the measurement work of the petitioner's land upon calling all the concerned parties. If it has been found

Patna High Court CWJC No.6893 of 2023(2) dt.21-09-2023 3/3 that the respondents have encroached the petitioner's raiyati land then in that case, petitioner shall be at liberty to move before the Deputy Collector, Land Reforms under Bihar Land Disputes Resolution Act, 2009 (Bihar Act 4 of 2010).

6. With this observation and direction, the present Writ Petition stands disposed of.

(Dr. Anshuman, J.) Ritik/- U