Hira Lal Yadav @ Hira Lal Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21468 of 2014 ====================================================== 1.

Hira Lal Yadav @ Hira Lal Singh Son of Late Hari Narain Singh Yadav 2.

Sri Singh Yadav Son of Late Hari Yadav 3.

Lok Nath Singh Son of Late Dewan Singh 4.

Jabal Mia Son of Late Alamgir Mia 5.

Nizamuddin Ali Son of Md. Salik Mia 6.

Munna Yadav Son of Late Daya Yadav 7.

Md Hanif Mia Son of Late Ramzan Mai 8.

Ramjee Paswan Son of Late Madho Paswan 9.

Ram Lal Paswan Son of Late Sadho Paswan 10.

Shiv Pujan Yadav @ Pyare Yadav Son of Late Ojha Yadav 11.

Babban Ram Son of Late sheo Narain Dhobi All resident of Village - Darwa, P.S- Mohania Mohaniya, District - Kaimur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector Kaimur 3.

The Anchal Adhikari , Mohaniya Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Ishwar Prasad, Advocate For the Respondent/s :

Mr.Gp25- Mani Kant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application by the petitioners for issuance of an appropriate writ/writs, order/orders, direction/directions for setting aside quashing and cancelling notice dated 12.12.13 contained in annexure 1 and its series, asking petitioners to appear before him on 28.12.13 and file show cause as to why Encroachment stated to be made by them should not be removed and (b)

Patna High Court CWJC No.21468 of 2014(3) dt.10-07-2024 2/2 notice dated 30.12.13 contained in Annexure-2 and its series by which he ordered to remove encroachment within 15 days from the receiving of notices otherwise proceedings U/s 188 of the Indian Penal Code could be initiated against them, passed in Encroachment case no. 14/10-11 by the Anchal Adhikari, Mohaniya (Kaimur) Respondent no.3."

2. At the outset, the learned counsel for the respondentState has pointed out that the present writ petition is premature, inasmuch as the present writ petition has been filed merely against a show cause notice dated 12.12.2013, issued by the Circle Officer, Mohaniya, District-Kaimur, hence the petitioner should approach the Circle Officer, Mohaniya, District-Kaimur in order to prove his bonafide.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to approach the Circle Officer, Mohaniya, District-Kaimur for redressal of their subsisting grievances, if any. Liberty so sought is granted.

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

(Mohit Kumar Shah, J) Saurav/- U