Ashish Kumar Khandelwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11885 of 2015 ====================================================== Ashish Kumar Khandelwal son of Anil Kumar Khandelwal, resident of village-Harsidhi, P.S. Harsidhi, District-East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through Collector, East Champaran at Motihari

2. Sub Divisional Magistrate, Areraj, District-East Champaran

3. Anchal Adhikari, Harsidhi Anchal, District-East Champaran .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Respondent/s : Mr. R.K. Priyadarshi, SC-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-08-2015 Heard the parties.

The petitioner is aggrieved by the notice issued by the Sub Divisional Officer, Areraj in the district of East Champaran in Encroachment Case No. 94 of 2014-15 requiring him to produce documents in support of his occupation of the land as according to the Sub-Divisional Officer the land in question bearing Khata No. 458, Khesra No. 245 in Mauza-Harsidhi Pakariya in the district of East Champaran is in the nature of public land. Mr. Natraj Verma, learned counsel appearing on behalf of the petitioner submits that the land in question has been settled with the ancestors of the vendor by the ex-landlord but even while making such submission there is nothing on record to support such submission.

Patna High Court CWJC No.11885 of 2015 (2) dt.05-08-2015 In the circumstances, the writ petition is disposed of requiring the petitioner to respond to the notice issued by the Sub Divisional Officer and place all documents on record to support his title and possession over the land in question which according to the petitioner stands perfected under the settlement by the exlandlord and is protected under the judgment of this Court. The writ petition is disposed of accordingly. (Jyoti Saran, J) S.Sb/- U