Abdul Kalamuddin @ Abadul Kalamudin Varashi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11288 of 2023 ====================================================== Abdul Kalamuddin @ Abadul Kalamudin Varashi S/o Late Abdul Ajij Varashi Resident of Village Ghataon, P.S. Kudra, District Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reforms Department Govt. of Bihar.

2.

The Divisional Commissioner, Patna.

3.

The District Magistrate, Kaimur at Bhabua.

4.

The Land Reform Deputy Collector, Mohania, Kaimur at Bhabua. 5.

The Sub-Divisional Officer, Mohania, Kaimur at Bhabua. 6.

The Circle Officer, Kudra, Kaimur at Bhabua.

7.

Bholu Miya @ Tafic Miya, S/o Muddi Miya, Resident of Village Ghataon, P.S. Kudra, District Kaimur at Bhabua.

8.

Sonu Miya, S/o Late Muddi Miya, Resident of Village Ghataon, P.S. Kudra, District Kaimur at Bhabua.

9.

DwearikaKoiry, S/o Late Raghunath Koiry, Resident of Village Ghataon, P.S. Kudra, District Kaimur at Bhabua.

10.

Hasbu Niisa, W/o Late Haidar Miyan, Resident of Village Ghataon, P.S. Kudra, District Kaimur at Bhabua.

11.

Binnu Miya, S/o Late Sansuddin Miya, Resident of Village Ghataon, P.S. Kudra, District Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "1. (i)For issuance of Writ in the nature of Mandamus or any other appropriate writ/ direction to the respondents to remove the encroachment from the village made

Patna High Court CWJC No.11288 of 2023(2) dt.05-09-2023 2/3 in Mauza-Ghataon, Thana No. 624, Khesra No. 521, Khesra No. 1322, 1365 Rakba 25 decimal respectively in P.S. Kudra Block Kudra, District Kaimur at Bhabua. The land in question Aam Public Road encroached the respondents No. 7 to 11.

(ii) For issuance of writ in the nature of Mandamus or any other appropriate writ / direction to the respondents to start the encroachment case on the basis of application of petitioner (Annexure-1 series) dated 3.12.20 before Circle Officer, Kudra, and District-Kaimur at Bhabua."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kudra, DistrictKaimur at Bhabua, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Circle Officer, Kudra, District-Kaimur at Bhabua, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be

Patna High Court CWJC No.11288 of 2023(2) dt.05-09-2023 3/3 considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U