Md. Adam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8374 of 2023 ====================================================== 1.

Md. Adam Son of Late Shehiddun Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. Md. Shamshad Son of Late Sabrati Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. Md. Ashraf @ Md. Ashraf Baba Son of Ramzan Ali Resident of MohallaSikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. Md. Munna @ Munna Son of Late Ali Mulla Resident of MohallaSikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. 5.

Md. Raju Son of Late Md. Anish Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 6.

Md. Tajir son of Rahman Khan Resident of Mohalla- Sikandarpur Man, P.SMuzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 7.

Md. Muslim Son of Late Md. Hanif Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 8.

Md. Nasiruddin Son of Late Md. Yaqoob Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. 9.

Rubi Wife of Md. Bashir Resident of Mohalla- Sikandarpur Man, P.SMuzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 10.

Md. Majju Son of Sobrati Miyan Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 11.

Bunni Khatoon Wife of Md. Gheyasuddin Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. 12.

Md. Shahzada Son of late Ali Mulla Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 13.

Md. Shakil @ Shakil Son of late Md. Ekram Resident of MohallaSikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. 14.

K.K @ Md. Sameer Son of late Md. Sayeed Resident of MohallaSikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District-

2/5 Muzaffarpur.

15.

Praween Khatoon Daughter of Late Md. Anish Resident of MohallaSikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. 16.

Md. Zafeer Son of Late Md. Yaseen Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, District- Muzaffarpur. 17.

Hajra Khatoon Wife of Late Md. Wakil Resident of Mohalla- Sikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. 18.

Md. Sikandar Khan Son of late Md. Raish Khan Resident of MohallaSikandarpur Man, P.S- Muzaffarpur Town, P.O- Head Muzaffarpur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

The Principal Secretary, Department of Land Revenue, Government of Bihar, Patna The Commissioner, Tirhut Division, Muzaffarpur. The District Magistrate, Muzaffarpur, District- Muzaffarpur 5.

The Senior Superintendent of Police, Muzaffarpur, District- Muzaffarpur. 6.

The Deputy Collector Land Reforms, East Muzaffarpur, DistrictMuzaffarpur. 7.

The Sub-Divisional Officer, East Muzaffarpur, District- Muzaffarpur 8.

The Circle Officer, Mushahari, District- Muzaffarpur 9.

The Station House Officer (SHO), Muzaffarpur Town Police Station, District-Muzaffarpur.

10.

The Muzaffarpur Municipal Corporation, Muzaffarpur 11.

The Commissioner, Muzaffarpur Municipal Municipal Corporation, 12.

The Secretary/Chief Executive Officer, Muzaffarpur Municipal Corporation, Muzaffarpur.

13.

The Smart City Project Manager, Muzaffarpur Municipal Corporation, Muzaffarpur.

3/5 14.

Manoj Kumar Chaudhary Son of Late Nageshwar Chaudhary Resident of village and P.O- Janta Deeh, P.S- Gaighat, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 19-07-2023 The present writ petition has been filed seeking the following reliefs:- "1(A). For issuance of an appropriate writ order or direction quashing the Notice contained in Memo No-523 dated 28-03-2023 (Annexure-4) issued by the Commissioner Muzaffarpur Municipal Corporation, Muzaffarpur whereby show cause has been asked from the petitioners alleging permanent/temporary encroachment upon part of lands recorded to have been in Khatian in the name of Department of Land Revenue, Government of Bihar, situated in ward No- 02, Khata No- 975, Khesra No- 960, Nature-Man, area- 1.8600 Hectare, which is within the jurisdiction of Municipal Corporation, Muzaffarpur and required for rejuvenation & beautification of Sikandarpur Man under Smart City Mission Project of Municipal Corporation, Muzaffarpur which is without jurisdiction, authority of law and in complete ignoring the material facts regarding land in

4/5 dispute.

[B] For issuance of an appropriate writ order or direction directing the respondents not to interfere in peaceful possession of petitioners & others who are bonafide tenants of respondent No-14 and as per requirement of family and with the consent of land lord have made permanent constructions also are residing there along with their respective families over part of the lands situated in ward No-02, C.S. Khata No- 797, C.S.P No- 2775 area2 Bigha, Khata No- 975, Khesra No- 960P area0.6400 Hectare which is part of land and area of notice contained in Memo No-523 dated 28-032023 Khata No- 975, Khesra No- 960, NatureMan, area- 1.8600 Hectare, which is within the jurisdiction of Municipal Corporation, Muzaffarpur.

[C] For issuance of an appropriate writ order or direction directing the respondents not to proceed further pursuant to Memo No-523 dated 28-032023 issued by the Commissioner Muzaffarpur Municipal Corporation, Muzaffarpur till disposal of Title Suit No- 113/2006 which is at present pending in the court of learned Sub-Judge 4th Muzaffarpur East, District- Muzaffarpur."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Municipal Commissioner, Municipal Corporation,

5/5 Muzaffarpur for the purposes of filing objections / response to the notice dated 28.3.2023, issued to them. Liberty, so sought, is granted.

It is needless to state that in case the petitioners file any objections / show cause reply, within a period of four weeks from today, the Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur, shall consider the same, in accordance with law and pass a reasoned and a speaking order forthwith.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.7.2023 Transmission Date NA