Vidya Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17402 of 2013 ====================================================== Vidya Singh Son Of Moti Singh Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas At Sasaram ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Collector of the District Rohtas 3.

The Sub - Divisional Officer, Rohtas at Sasaram 4.

The Circle Officer, Circle Sheosagar, District - Rohtas 5.

Kamlesh Singh Son of Late Raresh Singh Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas 6.

Ram Pravesh Singh Son of Chhotelal Singh Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas 7.

Krishna Kahar Son Of Late Narayan Kahar Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas 8.

Madanlal Patwa Son Of Late Munilal Patwa Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas 9.

Bihari Sah Son Of Late Naresh Sah Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas 10.

Ashlan Ansari Son Of Late Navi Rasul Ansari Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas 11.

Motilal Sah Son Of Late Mithu Sah Resident Of Village - Raipur - Chor, P.S. Sheosagar, District - Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidyanath Prasad, Advocate For the Respondent/s :

Mr.Rajesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2023 The writ petition has been filed seeking the following reliefs:

"That this is an application for issuance of writ in the nature of mandamus commanding the respondents authority to initiate the proceeding under Public Land

Patna High Court CWJC No.17402 of 2013(3) dt.17-02-2023 2/2 Encroachment Act against respondents no. 5 to 11 and others and also to protect the public land from encroachment by private respondents for their personal and professional use for their own benefit amongst others."

At the outset, learned counsel for the petitioner has submitted that qua the land in question, a title suit bearing Title Suit No.46 of 2002 is pending before the learned Munsif-I, Sasaram, hence, the respondent State is awaiting the result of the said case.

It is also submitted by learned counsel for the State that the Circle Officer, Sheosagar had initiated an encroachment case, however, the same has been stayed by the learned court below.

In view of the aforesaid, nothing survives for consideration in the present writ petition.

Accordingly, the present writ petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U