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Patna High CourtCWJC/10826/2024disposed

Manish Kumar Singh v. The State Of Bihar

2024-09-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10826 of 2024 ====================================================== Manish Kumar Singh S/o Sri Ashok Kumar Singh R/o- Village- Sawari @ Sauri Baxi Jee, P.S.- Jalalpur, District- Saran at Chhapra. ... ... Petitioner/s

Versus

1.

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

2.

District Magistrate, Saran at Chhapra.

3.

Sub- Divisional Magistrate, Sadar, Chhapra.

4.

Circle Officer, Jalalpur, Saran at Chhapra.

5.

Krishna Kumar Singh S/o- Ramakant Singh, R/o- Village- Sawari Baxi Jee, P.S.- Jalalpur, District- Saran at Chhapra.

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

For the Petitioner/s :

Mr.Vinod Kumar Seth, Advocate Mr. Satyendra Kr. Singh, Advocate For the Respondent/s :

Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2024 Though the present writ petition has been filed for quashing the notice dated 02.05.2024, issued in connection with Encroachment Case No. 01 of 2024-25 by the Circle Officer, Jalalpur, District-Saran at Chhapra, whereby and whereunder the petitioner has been directed to remove the encroachment in question made over Gairmajarua Aam land appertaining to Khata No. 203, Khesra No. 1521 situated at Mauja-Sawari, Thana-Jalalpur, District-Saran at Chhapra, however, at the outset, the learned counsel for the respondent-State has submitted, by referring to the order dated 28.06.2024, passed by

Patna High Court CWJC No.10826 of 2024(4) dt.30-09-2024 2/2 the Circle Officer, Jalalpur, District-Saran at Chhapra in connection with Encroachment Case No. 01 of 2024-25 that the proceedings of the said encroachment case has been closed inasmuch as the Pokhar in question has been restored to it original position.

2.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to pursue the title suit filed by him bearing Title Suit No. 220 of 2020, which is pending adjudication before the learned Court of Sub-Judge1st, Chhapra. Liberty, so sought, is granted. 3.

The writ petition stands disposed off.

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