Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16856 of 2021 ====================================================== 1.

Bhola Yadav Son of Lutan Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

2.

Dilip Sao Son of Late Mathura sao. Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

3.

Gore Lal Yadav @ Kapildeo Yadav @ Vijay Kumar Son of Late Paro Yadav @ Parsadi Yadav, Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

4.

Ashok Yadav Son of Rupan Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

5.

Naresh Yadav @ Naresh Prasad Son of Late Ragho Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda. 6.

Sita Ram Yadav Son of Bandhu Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

7.

Lato Yadav Son of Late Dukhi Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

8.

Keshar Yadav Son of Late Dukhi Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

9.

Suresh Sao Son of Munsi Sao Resident of Village- Giriyak, Police StationGiriyak, District-Nalanda. 10.

Suresh Yadav Son of Lootan Yadav Resident of Village- Giriyak, Police Station-Giriyak, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Nalanda. 2.

The District Magistrate, Nalanda.

3.

The Sub Divisional officer, Rajgir, Nalanda.

4.

The Circle Officer, Giriyak (Block) District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudish Kumar, Adv.

For the Respondent/s :

Mr. Majid Mahboob Khan, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court CWJC No.16856 of 2021(7) dt.13-03-2023 2/3 ORAL ORDER 13-03-2023 The present writ petition has been filed seeking the following relief:- "1.

That this writ application is being filed for issuance of writ/writs, direction/ directions, Command/ Commands and further for issuance of a writ in the nature of Certiorari to quash the notice u/s 6(e) in Parptra (2) of Bihar Public Land Encroachment Act, 1956 in Encroachment Case No. 02/2021-22 under signature of Respondent No.4 Circle Officer Giriyak dated 04.09.2021 to the petitioners to remove the encroachment over the public land within 15 days and to acknowledge the Respondents about removal of encroachment by 20.09.2021 and the petitioners further pray for restraining the Respondents for taking any co-revive step against the petitioners till the disposal of the writ petition and the petitioners further pray to grant any other relief/reliefs for which the petitioners found entitled to be given in the facts and circumstances of the case."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file appropriate encroachment appeal against the final order, passed by the Circle Officer, Giriyak Block, District-Nalanda in

Patna High Court CWJC No.16856 of 2021(7) dt.13-03-2023 3/3 Encroachment Case No. 1 of 2021-22 and Encroachment Case No. 2 of 2021-22. Liberty, so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U