Rajesh Kumar Yadav @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15199 of 2023 ====================================================== Rajesh Kumar Yadav @ Rajesh Kumar Son of Late Ramesh Yadav, Resident of Mohalla- Godawari, Gaya, Police Station- Rampur in the district of Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Divisional Commissioner, Magadh Division, Gaya. 4.

The District Magistrate-cum-Collector, Gaya.

5.

The Circle Officer, Town, Gaya in the district of Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2024 The present writ petition has been filed seeking the following reliefs:- "1. I. To quash the Notice dated 14.1.2023 issued under the signature of Circle Officer, Town, Gaya in Encroachment Case No.14 of 2022-23 by which the petitioner has been communicated that he has encroached the land bearing Thana No.7, Khata No. 1642, Plot No. 19222, measuring area 611.25 Sq. Feet at Mauza- Alamgirpur. According to the Notice the nature of the land is Gairmajarua Aam hence he has been directed to vacate the encroachment till 30.1.2023. If you fail to do so

Patna High Court CWJC No.15199 of 2023(3) dt.23-07-2024 2/2 then legal action will be taken against you.

II. Also to direct the respondents i.e. the C.O., Town, Gaya to not disturb the possession of the petitioner as the land in question bearing Thana No.7, Khata No. 1642, Plot No. 19222 measuring area 611.25 Sq. Feet situated in Mauza- Alamgirpur, Gaya is in name of his grandfather Late Nathun Gope."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the appellate authority against the final order passed by the Circle Officer, Town Gaya in connection with Encroachment Case No.14 of 2022-23. Liberty, so sought, is granted.

3.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U