Sri Bhagwan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17622 of 2017 ====================================================== 1.

Haribhajan Choudhary son of Bhaiya Ram Bind.

2.

Shivmangal Bind, son of Ramlayak Bin.

3.

Ram Babu Bind, son of Bhikhari Bind.

4.

Rajesh Turha, son of Baban Turha.

5.

Anil Bind, son of Sukar Bind. All residents of Village- Saraiya, P.S.- Udwant Nagar, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The Union Of India through the Home Secretary, Ministry of Home Affairs, Govt. of India, New Delhi.

2.

The State of Bihar, through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Bhojpur, Ara.

4.

The Sub- Divisional Officer, Sadar Ara, District- Bhojpur, Ara. 5.

The Circle Officer, Udwant Nagar, District- Bhojpur, Ara. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 11415 of 2017 ====================================================== Sri Bhagwan Singh son of Late Shiv Kumar Singh resident of Village Gram Panchayat - Sasaram, Post - Chhotaki Sasaram, Police Station Block Anchal - Udwant Nagar, District - Bhojpur, Ara.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Bhojpur, Ara.

3.

The Sub-Divisional Officer, Sadar, Ara, District - Bhojpur, Ara. 4.

The Circle Officer, Udwant Nagar, District - Bhojpur, Ara. 5.

Union of India through the Home Secretary, Ministry of Home Affairs Govt. of India, New Delhi.

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

(In Civil Writ Jurisdiction Case No. 17622 of 2017) For the Petitioner/s :

Mr.Jay Prakash Singh, Adv.

For the State :

Mr. Rishi Raj Sinha, SC-19 Mr.Manish Kumar, GP-4 Mr. Atul Shankar, AC to SC-19

Patna High Court CWJC No.17622 of 2017(5) dt.20-04-2023 2/3 For the UOI :

Mr. Kumar Priya Ranjan, Adv.

(In Civil Writ Jurisdiction Case No. 11415 of 2017) For the Petitioner/s :

Mr.Jitendra Kumar Roy For the State :

Mr. Rishi Raj Sinha, SC-19 Mr.Manish Kumar, GP-4 Mr. Atul Shankar, AC to SC-19 For the UOI :

Mr. Kumar Priya Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2023 The District Magistrate, Bhojpur at Ara is present in the Court and has filed a counter affidavit, wherein it has been stated that the entire encroachments in question have been removed. It is also submitted that in the district of Bhojpur, 112 encroachment cases are pending and expeditious steps are being taken to conclude the proceedings of the said encroachment cases.

This Court is satisfied with the report, submitted by the District Magistrate, Bhojpur at Ara, hence, the Rule is discharged.

In view of the aforesaid, the second case has become infructuous, hence, is dismissed.

As far as the first case is concerned, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted. Accordingly, the first writ petition stands disposed off

Patna High Court CWJC No.17622 of 2017(5) dt.20-04-2023 3/3 as not pressed.

(Mohit Kumar Shah, J) Ajay/- U