Ramashankar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15253 of 2025 ====================================================== 1.

Ramashankar Mahato, Son of Chathu Mahato, resident of Village- Semra, Ward No. 8, P.S. Semra, District - West Champaran. 2.

Tulsi Ram, Son of Chhoto Ram, resident of Village- Semra, Ward No. 6, P.S. Semra, District - West Champaran.

3.

Vashdeva Ram, Son of Adalat Ram, resident of Village- Semra, Ward No. 6, P.S. Semra, District - West Champaran.

4.

Mahaniya Devi, Wife of Bhukhal Mahto, resident of Village- Semra, Ward No. 6, P.S. Semra, District - West Champaran. 5.

Gayatri Devi, Wife of Mister Baitha, resident of Village- Semra, Ward No. 6, P.S. Semra, District - West Champaran.

6.

Swaminath Ram, Son of Bhole Ram, resident of Village- Semra, Ward No. 6, P.S. Semra, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector-cum-District Magistrate, West Champaran at Bettiah. 3.

The Additional Collector, West Champaran at Bettiah. 4.

The Land Reforms Deputy Collector (LRDC), Bagaha, West Champaran. 5.

The Circle Officer, Anchal - Bagaha-2, West Champaran, Bettiah. 6.

Ranvijay Shahi, Son of Late Shatrumardhan Shahi, resident of villageDumariya, P.S. Shikarpur, District- West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sharma, Adv.

For the Respondent/s :

Mr. Vikramadit, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-10-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioners seeking the following relief(s):

" 1. That, this application is being filed for issuance of an appropriate writ/writs direction/directions

Patna High Court CWJC No.15253 of 2025(2) dt.13-10-2025 2/3 directing the Respondents Authorities to remove the encroachment done by the several persons, upon the land which is the land of Bihar Government which is ceiling land settled by Collector to the petitioners.

2. Mr. Suresh Prasad Sharma, learned counsel appearing for the petitioners and Mr. Vikramadit, learned counsel appearing for the State-respondents are present and they are heard.

3. The main grievance of the petitioners is that the land in question was settled in favour of the petitioners in the year 2002 but the said land has been encroached by the several encroachers. In the entire petition, the petitioners have not given details of the alleged encroachers and have also remained vague regarding the period during which the alleged encroachment took place. Furthermore, the petitioners have efficacious remedy under the specific law and the same ought to have been availed by the petitioners, if they have a bonafide case. Accordingly, the instant writ petition stands disposed of with giving liberty to the petitioners to file a case under the specific law dealing with the allotment of the lands to the landless persons or others. If the petitioners avail this liberty in the next 08 (eight) weeks from today then the concerned authority will look into the matter of

Patna High Court CWJC No.15253 of 2025(2) dt.13-10-2025 3/3 the petitioners and take appropriate legal steps as per provisions of law to redress the petitioners' grievance, if found genuine. (Shailendra Singh, J) Rajiv/- U