Deonandan Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1692 of 2013 IN Civil Writ Jurisdiction Case No. 7007 of 2010 =========================================================== Deonandan Prasad S/O Late Parmeshwar Singh Resident Of Mohalla- Bhainsasur, P.O. Biharsharif, P.S.- Bihar, District- Nalanda .... .... Appellant
Versus
1. The State Of Bihar Through The Secretary, Department Of Revenue And Land Reforms Government Of Bihar, Patna
2. The District Magistrate, Nalanda, Bihar
3. The Sub. Divisional Officer, Biharsharif, District- Nalanda
4. The Anchal Adhikari, Biharsharif Anchal, P.O.- Biharsharif, District- Nalanda
5. The Deputy Collector, Land Reforms, Biharsharif, Nalanda .... .... Respondents =========================================================== Appearance :
For the Appellant/s : Mr. ABHAY KUMAR For the Respondent/s : Mr. RAJESH KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 10-03-2017 Heard counsel for the appellant and counsel for the State.
In an encroachment proceeding initiated against the appellant, the encroachment was ordered to be removed and has now been removed. Even his appeal has now been dismissed. The appellant pleads that he had valid right, title and interest and he still is in possession of the land. Since his title has been threatened and kind of ousted from the possession because of the demolition of the so-called encroachment he filed the writ. The learned single Judge
Patna High Court LPA No.1692 of 2013 dt.10-03-2017 2/2 did no wrong by dismissing the writ application and giving liberty to the appellant to invoke any forum available to him including a Civil Court of competent jurisdiction.
The facts being what they are, the order does not suffer from any infirmity.
The appeal has no merit. It is dismissed.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.03.2017 Transmission Date N/A