Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10342 of 2023 ====================================================== Suresh Yadav Son of Late Pemal Yadav Resident of Village- Banda, P.S.- Mohanpur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Gaya, Bihar.

4.

The Sub- Divisional Officer, Sherghati, Gaya, Bihar. 5.

The Circle Officer, Mohanpur, Gaya, Bihar.

6.

Vishweshwar Yadav, S/o Late Hari Yadav Resident of Village- Banda, P.S.- Mohanpur, District- Gaya.

7.

Raj Kumar Yadav, S/o Late Hari Yadav Resident of Village- Banda, P.S.- Mohanpur, District- Gaya.

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

For the Petitioner/s :

Mr.Shubhangi Pandey, Advocate Mr. Anand Vardhan, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-03-2024 Heard Mr. Anand Vardhan, learned counsel for the petitioner and Mr. Mukund Prasad, learned AC to G.P.-18 for the State.

2. The present writ petition has been preferred for the following reliefs:

(i) for a direction upon the respondents to stop the work of construction on the private land of petitioner pertaining to plot no.173(old) 423(new), khata no. 45(old) 124(new), Thana no. 169, Mauza Banda, in the village Banda and

Patna High Court CWJC No.10342 of 2023(3) dt.29-03-2024 2/2 removed the illegal encroachment from aforesaid ancestral land of the petitioner;

(ii) for restraining the Respondent no. 6 and 7 from further encroaching the land of petitioner related to plot no. 173(old) 423(new) of Banda village;

(iii) for any other writ or writs and/or order or orders or/and direction or directions as this Hon'ble Court deem fit and proper in law and equity and costs of and incidental to thereto.

3. How the State comes into picture in the dispute between the petitioner and the private persons (respondent nos. 6 and 7) which prompted him to prefer writ petition.

4. The remedy lies before the competent civil Court as also under different sections of the Cr.P.C.

5. The writ petition stands disposed of.

(Rajiv Roy, J) Jagdish/- U