Raj Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14952 of 2024 ====================================================== Raj Narayan Yadav, Son of Late Punyadev Ray @ Late Punyadev Yadav, Resident of Village-Lejuar, P.O.-Daudpur, Police Station-Daudpur, DistrictSaran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Saran (Chapra).

3.

The Circle Officer, Manjhi, Saran (Chapra).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Rai, Advocate For the Respondent/s :

Mr.Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2024 The present writ petition has been filed seeking the following reliefs:- "1(i) For issuance of a writ in the nature of mandamus and any other appropriate writ/writs, order/orders, direction/directions, commanding the RespondentAuthorities not to interfere with the peaceful possession pertaining to the residential house/ land, which is a small part of Plot No.1403, Khata No. 130, situated at MauzaLejuar, P.S.- Daudpur, District- Saran (Chapra) and belongs to the ancestor of the petitioner since survey times, which is recorded in the name of ancestors of the petitioner on the basis of ZAR PESAGE DAR/BHAOLI as BATAIDAR.

(ii) For issuance of a writ in the nature of certiorari for quashing the notice dated 08.07.2024, issued by the Circle Officer, Manjhi, Saran at Chapra (Respondent No.

Patna High Court CWJC No.14952 of 2024(4) dt.18-11-2024 2/2

3) in Encroachment Case No.11 of 2023-24 for demolition of the residential house of the petitioner, appertaining to Plot No. 1403, Khata No. 130, situated at Mauza-Lejuar P.S. Daudpur, District- Saran (Chapra), without giving any any opportunity to the petitioner." 2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction, for redressal of his aforesaid grievances, however, seeks some protection during the interregnum period. Liberty, so sought, is granted. 3.

It is needless to state that for a period of four weeks from today, status quo, existing as on today, qua the land/house of the petitioner in question, shall be maintained. 4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U