Shaukat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12747 of 2023 ====================================================== Shaukat Ali S/o Late Sheikh Islam Resident of Village-Lakadi Makariyar, P.S. and Block Siwan, District-Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar thr Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The Commissioner, Saran Division, Saran at Chapra. 3.

The Collector-Cum-District Magistrate, Siwan. 4.

That Additional Collector, Siwan.

5.

The Circle Officer, Siwan Circle, Siwan.

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Respondent/s :

Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ application on behalf of the petitioner above named is being filed for the relief/s for issuance of writ/s in the nature of Certiorari for quashing the notice dated 06.07.2023 issued under 6(2) of the Bihar Govt. Land Encroachment Act, 1956 in favour of petitioner by the respondent No.5 and for issuance of writ/s in the nature of Mandamus for a direction to the respondent authorities to not dispossess the petitioner from the land/property bearing khata No. 93 situated at Lakadi Makariyar, Circle Siwan Sadar, District Siwan and for restraining the respondent Circle Officer to dispossess the petitioner from the property in

Patna High Court CWJC No.12747 of 2023(3) dt.10-10-2023 2/2 question in pursuance of Notice dated 20.6.2023 and 6.7.2023 issued under section 3 and 6(2) of the Bihar Govt. Land Encroachment Act, 1956 during pendency of the Jamabandi appeal No.33/2021-22 pending in the court of the respondent No.3 which has been filed against the order dated 31.08.2021 passed during pendamic period by the respondent No.4 in Jamabandi Cancellation case No. 178/2018-19 on the basis of recommendation of the respondent No.5 by which Jamabandi which was created by the competent authority of the Govt. of Bihar after return submitted by the Malik bearing Jamabandi No.36/190 and was continuing till 2020-21 and rent was being paid regularly by the petitioner and his ancestor has been cancelled and for any other relief/s for which petitioner is legally entitled too."

2.

At the outset, the learned counsel for the petitioner seeks to withdraw the present writ petition, to which the learned counsel for the Respondent-State has got no objection. 3.

Accordingly, the present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Ajay/- U