Jalendra Kumar Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8331 of 2018 ====================================================== Jalendra Kumar Das S/o Late Ram Lakhan Ram. resident of Village- Dev, Mallah Toli, P.O. P.S.- Dev, District- Aurangabad Bihar. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Aurangabad Bihar.

3.

The Superintendent of Police, Aurangabad Bihar. 4.

The A.D.M., Aurangabad Bihar.

5.

The S.D.O. Dev, Aurangabad Bihar.

6.

The Circle Officer, Aurangabad Bihar.

7.

S.H.O. Dev, District- Aurangabad Bihar.

8.

Sunaina Devi, W/o Ramjanm Ram, resident of Village- Dev, Mallah Toli, Dev, P.O. P.S.- Dev, District- Aurangabad Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Chandra Yadav, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 For the Respondent No. 8 :

Mr. Jitendra Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2022 Though the present writ petition was filed for removing encroachment made by the private Respondent No. 8 as well as other over Mauza Dev, thana no. 899 upon khata no. 347, plot no. 3782, area 0.9 dismal under Thana Dev, village-Mallah Toli, Diwan Bigha-Dattu Bigha, which is Gair Majarua Aam Land, however, the Respondent-State has filed a counter affidavit wherein it has been stated that the encroachment in question has been

Patna High Court CWJC No.8331 of 2018(4) dt.09-11-2022 2/2 removed, but the same is disputed by the learned counsel appearing for the petitioner, who has submitted that only part encroachment has been removed in spite of an alternative land having been already allotted and handed over to the Respondent No. 8.

In such view of the matter, this Court grants liberty to the petitioner to approach the District Magistrate, Auranagabad for issuance of necessary directions.

Accordingly, the present writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U