Ram Anek Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17157 of 2014 ====================================================== Ram Anek Singh Son of late Gopaljee Singh resident of village+ P.O. Bhatauna, P.S. Karja Anchal Marwan, Distt. Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Collector, Muzaffarpur.

3.

Sub-Divisional Magistrate, West Muzaffarpur.

4.

Circle Officer, Marwan.

5.

Officer Incharge, Karja.

6.

Santosh Kumar Singh Son of Kameshwar Singh resident of village - Bhatuana Distt. Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kishore Shahi, Advocate For the Respondent/s :

Mr. Alok Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the notice issued under Bihar Public Land Encroachment Act under Section 6 of Sub Section (2) whereby the authority has directed the petitioner to remove the encroachment till 14.08.2014 otherwise proceeding under Section 188 of the Indian Penal Code be initiated against him.

3. Learned counsel for the petitioner submits that the petitioner has already filed the show cause stating therein that the petitioner is not the encroacher over the land in question, in

Patna High Court CWJC No.17157 of 2014(5) dt.20-03-2025 2/2 fact the private respondent namely Santosh Kumar Singh has filed a false case against the petitioner and others who is cosharer of the petitioner.

4. A counter affidavit has been filed on behalf of the State stating therein that the encroachment over the land in question has already been removed by the authority concerned on 07.09.2014.

5. Learned counsel for the petitioner further submits that he has no instruction from the petitioner.

6. In view of the aforesaid and in light of the averment made by the respondent authority in their counter affidavit, the writ petition stands disposed of. (Rajesh Kumar Verma, J) Ibrar//- U