Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10266 of 2022 ====================================================== Sanjay Kumar Singh S/o Late Ram Pravesh Singh, Resident of Village - Kumhu, P.O. - Saray, Police Station - Shivsagar, Dist. Rohtas (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Chief Secretary, Board, Patna.

3.

The Divisional Commissioner, Patna Division, Patna. 4.

The Collector, Rohtas, Bihar.

5.

The Circle Officer, Shivsagar, Rohtas.

6.

The S.P., Rohtas, Bihar.

7.

The S.H.O. Shivsagar, Rohtas.

8.

Mithilesh Singh S/o Ram Janam Singh, R/o Vill - Kumhu, P.S. - Shivsagar, Dist. - Rohtas.

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-04-2023 At the outset, the learned counsel for the RespondentState seeks to file a counter affidavit, which is taken on record, wherein it has been stated that the learned Civil Court, Rohtas at Sasaram, has already decreed the title suit in question bearing Title Suit No. 286 of 2020, in favour of the private respondent no. 8, however, the learned counsel for the petitioner submits that the plot involved in the aforesaid title suit is different from the one, in relation to which the petitioner is seeking removal of the encroachment.

In view of the aforesaid, I deem it fit and proper to

Patna High Court CWJC No.10266 of 2022(2) dt.28-04-2023 2/2 grant liberty to the petitioner to approach the Respondent authorities for removal of encroachment made over the land situated at Mauza-Kumhu, Khata No. 292, Khesra No. 644, Shivsagar Police Station, District-Rohtas at Sasaram and in case appropriate representation is filed by the petitioner within a period of four weeks from today, the same shall be considered, in accordance with law and appropriate orders shall be passed thereon, forthwith. Liberty, so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U