Ram Babu Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15961 of 2015 ====================================================== Ram Babu Yadav Son of Sri Baldeo Yadav, Resident of Village P.O. Rampatti, Tole Sriganj, Circle P.S.- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue Department, Government of Bihar, Patna.

2.

The Secretary, Land Reforms, Government of Bihar, Patna. 3.

The Collector, Madhubani.

4.

The Deputy Collector Land Reforms, Sadar Madhubani, DistrictMadhubani. 5.

The Circle Officer, Rajnagar, District- Madhubani. 6.

The Anchal Amin, Rajnagar, District- Madhubani. 7.

Kusum Gope, Son of Faujdar Gope.

8.

Lailuku Yadav, Son of Prem Gope. Both are Resident of Village- Rampatti, Tole Sri Ganj, P.S. Rajnagar, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha, Adv.

For the Respondent/s :

Mr.Manish Kumar, GP-4 Mr.Sanjay Parasmani, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.That this writ application is being filed for issuance a Writ in the nature of mandamus to command the Respondents to remove the encroachment from the land, appertaining to Mouza Rampatti, Touzi No. 6424, Thana no. 186, Kheshra No. 692, total area of 0-3-13 Dhur (Three Katha Thirteen Dhur) situated under Raj Nagar Circle in Madhubani District, which

Patna High Court CWJC No.15961 of 2015(3) dt.05-09-2024 2/2 stands recorded in records of rights as Gair Mazarua Aam and used to be Pathway for general public of Village Rampatti Tole Sriganj, Circle Raj Nagar, District- Madhubani."

2. At the outset, the learned counsel for the petitioner submits that the private respondents have already filed a title suit, bearing Title Suit No.49 of 2020, which is pending consideration before the Ld. Court of Sub-Judge-1st, Madhubani, hence the petitioner be granted liberty to approach the Ld. Trial Court. Liberty so sought is granted.

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

(Mohit Kumar Shah, J) sonal/- U