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Patna High CourtCWJC/15713/2022disposed

Ramnath Yadav v. The State Of Bihar

2023-06-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15713 of 2022 ====================================================== Ramnath Yadav S/o Late Ramdat Yadav Resident of Village- Madhopur, Lachhmi Ahir Ka Dera, Ditto, P.S.- Shahpur, Anchal- Shahpur, Distt.- Bhojpur (Bihar).

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Divisional Commissioner, Patna, Bihar.

4.

The Collector, Bhojpur, Ara.

5.

The Addl. Collector (Land Reforms) Bhojpur, Ara. 6.

The Circle Officer, Shahpur, Bhojpur, Ara.

7.

Sukhdeo Yadav S/o Bhikhan Yadav R/o Village- Madhopur, P.S.- Shahpur, District- Bhojpur, Ara.

8.

Sangita Devi W/o Sukhdeo Yadav R/o Village- Madhopur, P.S.- Shahpur, District- Bhojpur, Ara.

9.

Bhukhan Yadav S/o Gharbharan Yadav R/o Village- Madhopur, P.S.- Shahpur, District- Bhojpur, Ara.

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

For the Petitioner/s :

Mr.Masoom Alam, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of Certiorari to quash the notice dated 04/07/2022 issued by the Respondent no. 6 under Sec. 6 of the Bihar Public Land Encroachment Act, 1956 by which the petitioner has been directed to remove the house which stand over the land area 3 katha, Khata no-72, Khesra no-161 situated in village Jagdevpur, Thana no-298 P.S-Shahpur, Distt- Bhojpur and further

Patna High Court CWJC No.15713 of 2022(2) dt.19-06-2023 2/2 for issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction restraining the respondents to demolish the petitioner's house standing over the land in question and further to settle the land in question with the petitioner and further to hold that the purcha issued in the name of the respondent no. 7 his wife Sangita Devi(Respondent no. 8) and his father Bhukhan Yadav who is Respondent no. 9 as all are illegal."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Bhojpur at Ara for redressal of his aforesaid grievance. Liberty so sought is granted.

It is needless to state that in case appropriate representation is filed by the petitioner before the District Magistrate, Bhojpur at Ara within a period of four weeks from today, the same shall be considered in accordance with law and disposed off by the District Magistrate, Bhojpur at Ara by passing a reasoned and a speaking order within a period of six weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U