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Patna High CourtCWJC/13034/2022disposed

Uma Shankar Singh v. The State Of Bihar

2023-07-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13034 of 2022 ====================================================== 1.

Uma Shankar Singh Son of Ramkrit Singh, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

2.

Premchand Kumar son of Late Bandhu Mahto, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

3.

Shivji Singh son of Late Amavash Mahto Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

4.

Bhikhari Singh Son of Late Suchit Singh, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

5.

Jawahar Mahto son of Late Jugti Mahto, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

6.

Manu Mahto son of Late Lalan Mahto, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

7.

Dharmendra Kumar son of Ram Prasan Mahto, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

8.

Arun Singh son of Late Lal Bihari Singh, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

9.

Garjan Mahto son of Hirlan Mahto, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

10.

Ram Chandra Sing son of Late Harihar Singh, Resident of Village- Jadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur.

11.

Radha Krishna Singh son of Late Hardev Mahto, Resident of VillageJadopur, P.S.- Bihiyan (Tiyar), District- Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Bhojpur.

3.

The Block Development Officer, Bihiyan, Bhojpur. 4.

The Anchal Adhikari, Matihani, Bihiyan, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2023 The present writ petition has been filed seeking the following relief:-

Patna High Court CWJC No.13034 of 2022(3) dt.25-07-2023 2/2 "1. That this is an application for issuance of a writ of mandamus directing the respondents not to harass the petitioners while removing encroachments in pursuance to the order dated 30.6.2022, passed by respondent no. 4 in Encroachment Case No. 2/22-23, as the lands of the petitioners are their raiyati lands, which are not the subject matter of the said encroachment case and further to command and restrain the respondents from taking any step from dispossessing the petitioners from their raiyati lands over which houses and other structures stand since long and for any other relief or reliefs for which the petitioners are entitled under the law."

2.

At the outset, the learned counsel for the petitioners has submitted that except petitioner no. 2, no encroachment has been found qua the other petitioners and if at all, there was any encroachment, the same has been removed by them, hence, the present writ petition has been rendered infructuous. 3.

Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U