Sudarshan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11878 of 2024 ====================================================== Sudarshan Prasad Yadav Son of Late- Gauri Shankar Yadav Resident of Village- Lakhanjhari, P.S.- Sadar, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretory, Government of Bihar, Patna. 2.

The Principal Secretory, Personnel and General Administration Department, Government of Bihar, Patna.

3.

The Director General of Police, Government of Bihar, Patna. 4.

The Divisional Commissioner, Purnea.

5.

The Collector, Purnea.

6.

The Superintendent of Police, Purnea.

7.

The Sub- Divisional Officer, Purnea.

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Respondent/s :

Mr.K.P. Gupta, GP-10 Mr.Anwar Karim, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-11-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed for issuance of an appropriate writ/writs order/orders direction/directions directing and commanding the respondent authorities not to disturb and make hindrance in the peaceful physical possession of the petitioner over the properties situated at Mauza- Lakhanjhari, Revenue Thana No.97, appertaining to Khata No. 146, Plot No. 513, 514 and 519, Total Area3 Acres and 22 Decimal and also for directing the respondents to pay adequate compensation for demolition of the boundary wall of the

Patna High Court CWJC No.11878 of 2024(5) dt.19-11-2024 2/2 petitioner standing over the aforesaid properties as well as for other civil damages caused in course of the said illegal and unlawful demolition work carried out by the respondent authorities on 28.07.2024."

2. At the outset, the learned counsel for the parties are in agreement that a Jamabandi bearing Jamabandi No.146 is existing in the name of the petitioner and a Jamabandi Cancellation Case No.48 of 2023-24 has been initiated, however, till date the Jamabandi in question has not stood cancelled.

3. In such view of the matter, the learned counsel for the petitioner submits that till the jamabandi in question is cancelled, the respondent-State cannot displace the petitioner from the land in question, hence appropriate directions be issued to the said extent.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the respondent-authorities to not disturb the possession of the petitioner over the land in question till the time the jamabandi stands cancelled.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U