Ayodhya Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14447 of 2018 ====================================================== Ayodhya Sah Son of Bhagwan Sah, Resident of Village- Girdhariya, Police Station- Dinara, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Circle Officer, Dinara, Rohtas.

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2024 The present writ petition has been filed seeking the following relief:- "1. That the petitioner prays for issuance of writ in the nature of Mandamus Commanding upon the respondent concerned to conduct an enquiry and pay compensation to the petitioner for an illegal action, by which the house/ hut of the petitioner has been demolished, standing over land, appertaining to Khata No.108, Khesra No.468, total area 2.71 acres, though recorded in Khatiyan as Anabad Surb Sadharan but the house of the petitioner was constructed and is standing for the last 50 years over a portion of the said land, nonetheless at the behest of some villagers, C.O. Dinara, initiated Encroachment Case No.13/2017-18 and without serving any notice,

Patna High Court CWJC No.14447 of 2018(3) dt.04-09-2024 2/2 he had unilaterally conducted the encroachment proceedings, leading to house/hut of the petitioner being demolished."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the final order dated 3.10.2017, passed by the Circle Officer, Dinara, in connection with Encroachment Case No. 13 of 2017-18, by filing appropriate appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty, so sought, is granted. 3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U