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Patna High CourtMJC/2282/2021dismissed

Prayag Sah v. The State Of Bihar

2025-07-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2282 of 2021 In Civil Writ Jurisdiction Case No.8098 of 2017 ====================================================== Prayag Sah Son of Late Ram Bilas Sah, resident of Village- Konar, Police Station- Shivsagar, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Vivek Kumar Singh, Additional Chief Secretary-cum-Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2.

Sri Dharmendra Kumar, the District Magistrate-cum-Collector, Rohtas at Sasaram.

3.

Sri Ashish Bharti, the Superintendent of Police, Rohtas at Sasaram. 4.

Sri Manoj Kumar, the Sub-Divisional Officer, Sasaram, District- Rohtas at Sasaram.

5.

Sri Jitendra Ram, the Circle Officer, Circle- Shivsagar, District- Rohtas at Sasaram.

6.

Aasharti Singh Son of Sri Sukh Nandan Singh Village- Konar, Police Station- Shivsagar, District- Rohtas at Sasaram. 7.

Mundrika Singh Yadav Son of Sri Sukh Nandan Singh Village- Konar, Police Station- Shivsagar, District- Rohtas at Sasaram. 8.

Motilal Singh Yadav Son of Sri Sukh Nandan Singh Village- Konar, Police Station- Shivsagar, District- Rohtas at Sasaram. 9.

Sri Niwas Singh Yadav Son of Late Ram Dhani Singh Yadav Village- Konar, Police Station- Shivsagar, District- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2025 The learned counsel for the opposite parties has submitted by referring to the show-cause filed in the present case that the order of this Court dated 14.11.2019, passed by this Court in CWJC No.8098 of 2017 has stood complied with, inasmuch as the

Patna High Court MJC No.2282 of 2021(4) dt.11-07-2025 2/2 Circle Officer, Shivsagar, District-Rohtas had initiated encroachment proceedings vide Encroachment Case No.14 of 2017-18 whereafter notices were issued to the encroachers under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred as "the Act, 1956") and then, the final order under Section 6(1) of the Act, 1956 has been passed by the Circle Officer, Shivsagar, Rohtas. Thereafter, the encroachment in question has also stood removed in presence of police officer and the petitioner has also put his signature by way of endorsement of the said fact, on a note prepared by the Circle Officer, Shivsagar and the SHO, Shivsagar Police Station.

2. This Court finds that no rejoinder affidavit has been filed by the petitioner to dispute the aforesaid contentions put forth by the opposite parties, hence there is no reason to disbelieve the factum of removal of the encroachment in question, hence this Court is satisfied that the order of this Court dated 14.11.2019 has stood complied with. In such view of the matter, this Court is not persuaded to proceed any further, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U