Kamakhya Prasad Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19464 of 2014 ====================================================== Kamakhya Prasad Bhagat S/o Late Jagarnath Bhagat resident of Ward No. 23, Araria Bazar, P.S. - Araria, District - Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, District - Araria.

3.

The Sub-Divisional Officer, Araria, District - Araria. 4.

The Anchal Adhikari, Araria, District - Araria. 5.

Bihari Prasad Bhagat S/o Late Jagarnath Bhagat resident of Ward No. 23, Araria Bazar, P.S. - Araria, District - Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Jha, Adv.

For the Respondent/s :

Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2024 The present writ has been filed seeking the following reliefs:- "1(i). For quashing the notice bearing Memo No.2306 dated 28.08.2014 issued by Respondent No.4, by which the petitioner has been directed to appear before him and file documents in support of his claims with respect to the land in question in connection with Encroachment Case No.01/14/15. (ii). For restraining the respondent authorities from interfering in any manner with the peaceful possession of the petitioner over the lands in question.

(iii). For holding the initiation of Encroachment Case No.01/14-15 to be wholly bad and

Patna High Court CWJC No.19464 of 2014(3) dt.26-06-2024 2/2 unsustainable in the eye of law."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 4 i.e. the Circle Officer, Araria, for redressal of his aforesaid grievances. Liberty, so sought, is granted. 3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U