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Patna High CourtCWJC/11653/2023disposed

Lochan Mahto @ Lochan Mandal v. The State Of Bihar

2023-12-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11653 of 2023 ====================================================== 1.

Lochan Mahto @ Lochan Mandal S/o Late Laddu Lal Mahto, R/o VillageNarayanpur, P.O. - Lakshmipur, P.S. - Laukaha, District - Madhubani. 2.

Chandradeo Mandal, S/o Shobhit Lal Mandal, R/o Village- Narayanpur, P.O. - Lakshmipur, P.S. - Laukaha, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Land Reforms Govt. of Bihar, Patna.

2.

The Commissioner Darbhanga Division, Darbhanga. 3.

The District Magistrate, District - Madhubani. 4.

The Circle Officer, Khutauna, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Giri, Adv.

Mr. Gagan Deo Yadav, Adv.

Mr. Ravi Prakash, Adv.

Mr. Rajesh Kumar, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 Heard the parties.

2. The present application has been filed by the petitioner no. 1 and 2 for quashing of the notices dated 30.06.2023 passed by the Circle Officer, Khutauna, DistDarbhanga. But today, learned counsel for the petitioners has submitted that petitioner no. 1 has died.

3. In these circumstances, the present writ application is pre-mature and hence, legal heirs of petitioner no. 1 is directed to file their reply to the show cause notices dated 30.06.2023 passed by the Circle Officer, Khutauna, Dist-

Patna High Court CWJC No.11653 of 2023(2) dt.04-12-2023 2/2 Darbhanga and the same shall be considered by the Circle Officer, Khutauna, Dist-Darbhanga and also decide the same in accordance with law.

4. The intervenor is also directed to participate in the encroachment proceedings.

5. During pendency of the encroachment proceedings, the possession of the legal heirs of petitioner no. 1 and the petitioner no. 2 shall not be disturbed. The the legal heirs of petitioner no. 1 and the petitioner no. 2 are also restrained from making any construction over the land in question.

6. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/- U