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Patna High CourtCWJC/19311/2014disposed

Mukesh Kumar v. The State Of Bihar And ORS

2024-06-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19311 of 2014 ====================================================== Mukesh Kumar Son of Late Sajawal Prasad Resident of Village - Ruphari, P.S.- Shikarganj, District - East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner Tirhut Division, Muzaffarpur 2.

The District Magistrate, Motihari, East Champaran 3.

The Circle Officer, Block-Chiraiya Sub- Division-Bikrahana, Motihari, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Respondent/s :

Mr.Yogendra Pd. Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of writ in the nature of certiorari, order or orders, direction or directions quashing the Order dated 8.9.2014 passed by respondent no.3 in Encroachment Case no.13/2012-13 to the extent of petitioner whereby direction has been given to remove the encroachment from Public Land vide Khata no.19 khesra no.1059 area 4 1⁄2 decimals and further direction may be given to settle the land in the name of petitioner and further not disturb the peaceful possession of the petitioner over which he is residing in his constructed house with his family."

Patna High Court CWJC No.19311 of 2014(3) dt.26-06-2024 2/2 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 8.9.2014, passed by the Circle Officer, Chiraiya, District-East Champaran at Motihari, in connection with Encroachment Case No. 13 of 2012-13, by filing appropriate appeal. Liberty, so sought, is granted.

3.

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