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Patna High CourtCWJC/16106/2025disposed

Vijay Kumar Jaiswal @ Vijay Kumar Jayaswal v. The State Of Bihar

2025-11-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16106 of 2025 ====================================================== Vijay Kumar Jaiswal @ Vijay Kumar Jayaswal S/O Late Dharmachandra Prasad @ Late Dharmachandra Prasad Chaudhari, Resident of Village and P.O.- Fulwaria, P.S.- Dhaka, District- East Champaran, at present resident of Village and P.O.- Chapra Bahas, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, East Champaran, Motihari. 2.

The Circle Officer, Sugauli Block, East Champaran. 3.

Sheikh Hasim @ Sheikh Suri, S/O Late Shekh Bula, Resident of Village and P.O.- Chapra Bahas, P.S.- Sugauli, District- East Champaran. 4.

Ali Hussain Dewan, Son of Late Ismil Dewan, Resident of Village and P.O.- Chapra Bahas, P.S.- Sugauli, District- East Champaran. 5.

Shekh Mantjit, S/O Late Sheikh Gani, Resident of Village and P.O.- Chapra Bahas, P.S.- Sugauli, District- East Champaran. 6.

Mustak Ansari @ Jungali Ansari, S/O Imamuddin Ansari. Resident of Village and P.O.- Chapra Bahas, P.S.- Sugauli, District- East Champaran. 7.

The Sub-Divisional Officer, Motihari, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Respondent/s :

Mr. Additional Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-11-2025 Learned counsel for the petitioner prays for and is allowed to implead the Sub-Divisional Officer, Motihari, East Champaran as opposite party no.7 in course of the day.

2. Heard the parties.

3. The present petition has been preferred for the following relief/s:

(i) for issuance of writ in the nature of Mandamus, order or orders, direction or directions commanding the respondents No.- 1 and 2 to remove the encroachment made

Patna High Court CWJC No.16106 of 2025(2) dt.04-11-2025 2/2 by respondent no.-3 to 6 over Land of the petitioner bearing Khata No. 591, Khesra no. 2669 which is adjacent to the Public Land bearing Khesra No. 1389 as is/was also encroached by the respondents no.- 3 to 6 and further appropriate direction may be given total effect.

3. After some argument, learned counsel for the petitioner submits that he shall be approaching the concerned respondent, the Sub-Divisional Officer, Motihari, East Champaran in next two weeks.

4. Learned State counsel submits that if such proper petition is preferred, after hearing all the parties, naturally, the same shall be taken to its logical conclusion.

5. In that background, the writ petition is disposed of allowing the petitioner to approach the concerned respondent, the Sub-Divisional Officer, Motihari, East Champaran in next two weeks who shall be putting all the concerned parties to the notice and take the matter to its logical conclusion at the earliest.

Ravi/- (Rajiv Roy, J) U