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Patna High CourtCWJC/12735/2023disposed

Manoj Kumar Mahto v. The State Of Bihar

2024-01-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12735 of 2023 ====================================================== Manoj Kumar Mahto S/o Late Rambali Mahto, resident of Village-Hanuman Nagar, P.s. Gaighat, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Muzaffarpur.

4.

The Additional Collector, Muzaffarpur.

5.

The Sub Divisional Officer (East) Muzaffarpur. 6.

The Deputy Collector Land Reforms (East) Muzaffarpur. 7.

The Circle Officer, Gaighat, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-01-2024 Heard the parties.

2. The present application has been filed for quashing the notice dated 10.05.2023 issued to the petitioner and villagers under Section 3 of the Bihar Public Land Encroachment Act issued under the signature of the Circle Officer, Gaighat asking them to remove the encroachment from the land appertaining to Plot No. 8013, Thana No. 253, Mauza Kanta Pirochcha within Gaighat Police Station in the District of Muzaffarpur.

3. It is an admitted position that the petitioner has no right over the land in question. In view of the above, no order

Patna High Court CWJC No.12735 of 2023(5) dt.02-01-2024 2/2 can be passed in favour of the petitioner.

4. Since the petitioner claims himself to be a landless person, he may approach the appropriate authority under the Bihar Privileged Persons Homestead Tenancy Act, 1947 for appropriate relief. If such an application is filed, the authority will consider the same, in accordance with law.

5. The application stands disposed of.

(Sandeep Kumar, J) P. Kumar U