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Patna High CourtCWJC/14722/2021disposed

Mira Devi v. The State Of Bihar Through The Chief Secretary,

2022-11-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14722 of 2021 ====================================================== 1.

Mira Devi Wife of Sri Sakindra Das Resident of Village - Jantadih, P.O. - Jantadih, P.S. - Gaighat, District- Muzaffarpur - 847107. 2.

Jagdish Das Son of Janak Das Resident of Village - Jantadih, P.O. - Jantadih, P.S. - Gaighat, District- Muzaffarpur - 847107. 3.

Renu Devi Wife of Sri Upendra Das Resident of Village - Jantadih, P.O. - Jantadih, P.S. - Gaighat, District- Muzaffarpur - 847107. 4.

Rita Devi Wife of Ramchandra Das Resident of Village - Jantadih, P.O. - Jantadih, P.S. - Gaighat, District- Muzaffarpur - 847107. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, old Secretariat, Patna.

2.

The Additional Chief Secretary, Revenue Department, Government of Bihar, New Secretariat, Patna.

3.

The District Collector, Muzaffarpur.

4.

The Deputy Collector Land Reforms, East Muzaffarpur. 5.

The Sub Divisional Magistrate, East Muzaffarpur. 6.

The Circle Officer, Gaighat Circle, Muzaffarpur. 7.

The Mukhiya, Jantadih Panchayat, Gaighat, Muzaffarpur. 8.

The Thanadhyaksha, Gaighat Police Station, Gaighat, Muzaffarpur. 9.

Raj Kumar Sah Son of Chulhai Sah Resident of Village - Janta, P.S. - Gaighat, District- Muzaffarpur.

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

For the Petitioner/s :

Dr. Bipin Chandra,Advocate For the Respondent/s :

Mr.Md. Khurshid Alam,AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2022 The present writ petition has been filed seeking the following reliefs:- "1(i) For issuance of a writ of certiorari or any other appropriate writ(s) directing the respondents to set aside the notice dated 13.07.2021 by C.O. for removal of alleged encroachment from Plot No. 4590

Patna High Court CWJC No.14722 of 2021(2) dt.02-11-2022 2/2 Area-1150 of Village-Janta Thana No. Gaighat 265, P.S.- Gaighat, District- Muzaffarpur which has been found to be a public land as defined in Section 2(5) of the Bihar Public Land Encroachment Act, 1956 within a period of one week and before 20.07.2021. (ii) And further be pleased to issue a writ of mandamus to the C.O., Gaighat directing as to issue the land receipts to the petitioners on the ground that they had/have been residing there constructing pucca houses thereon from 50-55 years.

After some arguments, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Muzaffarpur, for redressal of their aforesaid grievances. Liberty so sought is granted. The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/SonalU