Balwant Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14173 of 2014 ====================================================== 1.

Balwant Kumar Son of Vijay Prasad, resident of village- Dighwara, Police Station- Dighwara, District- Saran at Chapra 2.

Harkeshwar Prasad Bhakta, Son of Satya Narayan Bhakta, resident of village- Basatpur, Police Station- Dighwara, District- Saran at Chapra 3.

Ashok Kumar singh, Son of Late Devnath Singh, resident of villageDighwara, Police Station- Dighwara, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Saran at Chapra 3.

The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Saran at Chapra 4.

The Zila Parishad, Dighwara through its Chairman 5.

The Chief Executive Officer, Zila Parishad, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nikita Mittal, Advocate For the State :

Mr. Manoj Kumar Yadav, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 30-01-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for quashing of the order/direction/notice dated 03.07.2014 issued under the signature of Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Saran at Chapran (respondent no.

3) by which a direction was issued to the petitioners to remove the illegal encroachment from the land of District Board within seven days.

Patna High Court CWJC No.14173 of 2014 dt.30-01-2025 2/2

3. Learned counsel for the State submits that for the same set of land some of the writ petitioner has approached this Court in C.W.J.C. No. 339 of 2013 and the writ petitioner of C.W.J.C. No. 339 of 2013 has challenged the order passed in C.W.J.C. No. 339 of 2013 in LPA No. 1046 of 2014 and the land in question of the petitioner as claimed by the petitioner that the same also belonged to Zila Parishad and the learned LPA Court after hearing all the concerned has come to the conclusion that the appellant in LPA No. 1046 of 2014 are encroachers of land in Zila Parishad and petitioners are also encroachers of the land of Zila Parishad and learned counsel for the petitioners has requested in the present proceeding that this case may be taken up after disposal of LPA No. 1046 of 2014.

4. In view of the order passed in LPA No. 1046 of 2014, no case is made out for interference. Accordingly, the writ petition stands dismissed.

(Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 31.01.2025 Transmission Date N.A.