Kishori Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15082 of 2022 ====================================================== Kishori Singh son of Late Deoki Singh, resident of Village-Sithoura, District Nawada at present residing at Village Gonawa, Mohalla Shiv Nagar, P.S. Nawada, District Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Magadh Division, Gaya. 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Nawada.

4.

The Additional District Magistrate, Nawada.

5.

The Circle Officer, Nawada Sadar, District-Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha, Advocate :

Mrs. Rekha Kumari, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha ( SC 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The present petition has been filed seeking the following reliefs :- "(i) To quash the order dated 12.5.2022 passed in Encroachment Appeal Case No.

15/2021 by the Commissioner, Magadh Division, Gaya whereby and whereunder appeal has been dismissed.

(ii) To quash the order dated 13.9.2021 passed in Encroachment Appeal Case No.484(M)2017/28/21-22 by Additional District Magistrate, Nawada whereby and whereunder appeal has been dismissed.

(iii) To quash the order dated 16/17.8.2017 passed in Encroachment Case No. 5 of 2016-

Patna High Court CWJC No.15082 of 2022(2) dt.11-05-2023 2/2 17 whereby the Circle Officer, Nawada Sadar, Nawada has directed the petitioner to remove encroachment from the land in question within one week. The order is passed in absence of the petitioner by the Circle Officer, Nawada Sadar.

(iv) For issuance of an appropriate writ in the nature of Writ of Mandamus for a direction to the Respondents Authorities not to disturb the petitioner's peaceful possession over the land in question. "

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to pursue the title suit filed by him bearing Title Suit no. 28 of 2017, pending before the learned court of Sub Judge- 1st, Nawada. Liberty so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U