Indradeo Yadav @ Indradeo Prasad Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10800 of 2018 ======================================================

1. Indradeo Yadav @ Indradeo Prasad Yadav S/o late Doman Yadav Resident of Village- Dumari, P.S. Fatehur, District- Gaya.

2. Chamari Yadav S/o late Doman Yadav Resident of VillageDumari, P.S. Fatehur, District- Gaya.

3. Modi Yadav S/o Chhathu Yadav Resident of Village- Dumari, P.S. Fatehur, District- Gaya.

4. Mahabir Yadav S/o late Bodhan Yadav Resident of VillageDumari, P.S. Fatehur, District- Gaya. ... ... Petitioner/s

Versus

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

2. The Commissioner, Gaya.

3. The District Magistrate-Cum-Collector, Gaya.

4. The Deputy Collector Land Reforms, Gaya.

5. The Sub-Division Officer -cum-Sub- Divisional Magistrate, Gaya.

6. The Circle Officer, Fatehpur, Gaya.

7. The Officer-in-Charge, Fatehpur, Gaya,.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh For the Respondent/s :

Mr. Raj Kishore Roy -Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2018 Heard learned counsels for the parties.

The present writ application has been filed for quashing the entire proceeding of Encroachment Case No. 12 of 2016-17 and Encroachment Case No. 7 of 2016-17 pending before the Respondent no. 6, the Circle Officer, Fatehpur, Gaya for encroachment being made over the land appertaining to Khata No. 52, Thana No. 501, Plot No.181, situated in Village Dumri, P.S. Fatehpur, District - Gaya.

It is submitted by learned counsel for the petitioners

Patna High Court CWJC No.10800 of 2018(2) dt.22-06-2018 2/2 that maliciously aforesaid encroachment cases have been initiated which are still pending. The petitioners claim the land in question through settlement in favour of their ancestors. It appears that the prayer of the petitioners is prematured. Hence, this Court is not inclined to interfere. However, this writ application is disposed of with a liberty to the petitioners to challenge the outcome of the encroachment proceedings.

It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioners. (Dinesh Kumar Singh, J) anil/- U