Sachen Yadav @ Sachendra Yadav @ Sachain Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15265 of 2022 ====================================================== 1.

Sachen Yadav @ Sachendra Yadav @ Sachain Yadav Son of Late Vakil Yadav Resident of Village- Darharia, Police Station- Chhatapur, DistrictSupaul. 2.

Shivan Yadav, S/o- Late Bihari Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul.

3.

Kailu Yadav, Son of Shivan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul.

4.

Shambhu Yadav, Son of Shivan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul.

5.

Shyam Yadav @ Shyamdev Yadav, Son of Late Sajjan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul. 6.

Dhirendra Yadav @ Dhiren Yadav, Son of Late Sajjan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul. 7.

Birendra Yadav @ Birendra Kumar Yadav, Son of Late Sajjan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul. 8.

Mannu Yadav, Son of Late Sajjan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul.

9.

Ramdev Yadav @ Ram Kumar Yadav, Son of Late Sajjan Yadav Resident of Village- Darharia, Police Station- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Director, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Supaul.

4.

The Deputy Collector, Supaul.

5.

The Circle Officer Chhatapur, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Thakur, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 04-07-2023 1.

The present petition has been filed seeking the following relief :-

Patna High Court CWJC No.15265 of 2022 dt.04-07-2023 2/3 "(i) For issuance of a writ preferably in the nature of certiorari for setting aside the notice dated 16.07.22 containing in memo no.1832-2 whereby and whereunder encroachment case no.8/21-22 has been initiated before the circle officer, Chhatapur and in the encroachment case no.8/21-22,it was reported by way of investigation report conducted by revenue officer and circle Amin that under Khata no.463, Khesra no.

3439, 45 decimile Land belongs to the petitioners and in relation of the said encroachment case, the Additional collector,Cum Lok Sikayat office, Supaul has observed that land in question can not be made encroachment free until in the record, Jamabandi of the petitioners is sustained and thereafter Jamabandi cancellation ease has been initiated and without considering the materials available on record, Jamabandi has been cancelled by the Deputy Collector, Supaul and notice has been served upon the petitioners to vacate the lands in question while the petitioners have no land to construct their house as they are land less persons."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies, as are otherwise available under the law

Patna High Court CWJC No.15265 of 2022 dt.04-07-2023 3/3 for redressal of their grievances. Liberty so sought, is granted. 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.07.2023 Transmission Date NA