Virbahadur Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9587 of 2024 ====================================================== Virbahadur Ray Son of Late Sukul Ray @ Sukul Kurmi, Resident of Village Katahariya, P.S.- Kalyanpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Collector, East Champaran at Motihari 3.

The Superintendent of Police, East Champaran at Motihari 4.

The Additional Collector, East Champaran at Motihari 5.

The Sub-Divisional Officer, Chakiya, East Champaran at Motihari 6.

The Circle Officer, Kalyanpur Block, East Champaran at Motihari 7.

Parma Rai @ Parmanand Rai, Son of Dayali Rai, Resident of Village Katahariya, P.S.- Kalyanpur, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (06) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That, this writ application is being filed for issuance of appropriate writ/ writs, order/ orders, direction/ directions to the respondents authority in nature of Mandamus for setting aside and for an order restraining the respondent authorities from interfering with his peaceful possession and from demolishing any structures on the disputed land in pursuance of the notice contained in Memo No.402 dated 10.05.2024 issued by learned Circle Officer, Kalyanpur Block, East Champaran

Patna High Court CWJC No.9587 of 2024(2) dt.29-07-2024 2/2 at Motihari, whereby and whereunder eviction and demolition has been scheduled dated 28.05.2024 in a proceeding under Encroachment Case No.15/2015-16 in Mauza Kathariya, Khata No.116, Khesra No.1253 under Thana No.53 alleged to be Gairmazarua Land falls under the village Road, violating the principal of Natural Justice in collusion with Parmanand Rai a Land owner adjacent to Land in question, passed Ex Parte order against the petitioner who is in peaceful actual possession having title of Land dwelling his house upon it, residing since 1929, is exempted under section 6 of the B.P.L.E. Act, 1956, hence this writ application."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, East Champaran at Motihari, to dispose off the Land Encroachment Appeal No.6 of 2024-25, filed by the petitioner, within a stipulated time frame, preferably, within a period of six weeks from today. It is directed accordingly.

3. Accordingly, the writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U