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Patna High CourtCWJC/17028/2017disposed

Manoj Kumar Mishra And ANR v. The State Of Bihar And ORS

2024-03-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17028 of 2017 ====================================================== 1.

Manoj Kumar Mishra 2.

Girish Kumar Mishra. Both Sons of Late Ramayan Mishra. Both resident of Village- Kothara, P.S.- Agrer, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary, Department of Land Reforms, Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Sub- Divisional Officer, Sasaram, District- Rohtas. 4.

The Anchaladhikari Sasaram, District- Rohtas. 5.

Satyendra Nath Mishra son of Late A.B. Mishra, resident of VillageKothara, P.S.- Agrer, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Respondent no. 5:

Mr. Om Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2024 Heard the parties.

2. The petitioners have moved the Court for the following reliefs:

"That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of Certiorari for quashing the Memo No.1038 dated 16.09.2017 issued by learned Anchaladhikari, Sasaram, District- Rohtas as contained in Annexure-5 whereby and whereunder learned Anchaladhikari Sasaram has directed the petitioners to removed the Encroachment from public land otherwise administrative action will be taken against them and further to pass any order/ orders, direction/directions, command /commands directing the respondents to drop the

Patna High Court CWJC No.17028 of 2017(3) dt.28-03-2024 2/2 proceeding of Encroachment Case No.08 of 2016-17 against the petitioners."

3. It has been submitted by learned counsel for the petitioners that no final order has been passed in Encroachment Case No. 08 of 2016-17 by the Circle Officer, Sasaram till date.

4. The Circle Officer, Sasaram is directed to conclude the proceeding in accordance with law after hearing the petitioners and considering the show cause of the petitioners.

5. Till such an order is passed, the possession of the petitioners shall not be disturbed.

6. The application stands disposed of.

(Sandeep Kumar, J) P. Kumar U