Chandan Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2373 of 2023 In Civil Writ Jurisdiction Case No.1008 of 2018 ====================================================== Chandan Kumar Mahto Son of Narayan Mahto, Resident of Village - Bahurupiya, Police Station - Sugauli, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mr. Saurabh Jorwal, the District Magistrate East Champaran at Motihari. 3.

Mr. Chandan Kumar, the S.D.M. Motihari, East Champaran. 4.

Mr. Dharmendra Prasad Gupta, the Circle Officer Sugauli Block at Sugauli, East Champaran.

5.

Mr. Sanjay Kumari, the D.C.L.R. Sadar at Motihari East Champaran. 6.

Badri Mahto Son of Late Natuni Mahto Resident of village- Bahurupiya, P.S.- Sugauli, Dist- East Champaran.

7.

Ravindra Mahto Son of late Bhuti Mahto Resident of village- Bahurupiya, P.S.- Sugauli, Dist- East Champaran.

8.

Mr. Gajendra Mahto, Office Assistant, the Manager, Bettiah Raj at Bettiah, District - West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Rishi Raj Sinha (Sc19) Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2025

1. The learned counsel appearing for the opposite parties seeks to file a show cause, copy whereof has been filed online. Let the same be kept on record.

2. It is submitted by the learned counsel for the opposite parties that the appeal in question bearing Encroachment Appeal Case No.79 of 2023-24 has already stood dismissed by an order dated 18.01.2025, passed by the learned

Patna High Court MJC No.2373 of 2023(5) dt.24-01-2025 2/2 Court of Collector-cum-District Magistrate, East Champaran at Motihari.

3. In view of the aforesaid, it is submitted by the learned counsel for the petitioner that the District Magistrate, East Champaran at Motihari be directed to take appropriate steps for removal of the encroachment in question not only considering the order passed by the Circle Officer, Sugauli, District-East Champaran at Motihari dated 01.04.2017 and 21.06.2017 but also the one dated 18.01.2025, passed in Encroachment Appeal Case No.79 of 2023-24 by taking recourse to the due process of law. It is directed accordingly.

4. The petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U