Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15398 of 2023 ====================================================== Yogendra Yadav Son of Late Ajay Yadav @ Ajib Lal Yadav Resident of Village- Tyoth Birauli, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Madhubani.

3.

The Sub Divisional Magistrate, Benipatti, Madhubani. 4.

The Circle Officer, Benipatti, Madhubani.

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

For the Petitioner/s :

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

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-05-2024 The present writ petition has been filed seeking the following relief:- "1.

That this is an application for issuance of a writ in the nature of certiorari to quash the notice dated 21-12-2021 issued by the Circle Officer, Benipatti which is without verifying the factual aspect regarding the land bearing Khata No.584(0), Khesara No. 4464(0) area 2 K. 5 d. same has been settled as a "PATTA"

with the ancestor of the petitioner by the one Ayodhya Prasad Ex-landlord in the year of 1850 and by this notice declare that the petitioner and his 3 brothers namely Bhogendra Yadav, Vijay Shankar Yadav and Hemchandra Yadav have been illegally occupied the Govt. land an area of 1.80

Patna High Court CWJC No.15398 of 2023(2) dt.03-05-2024 2/2 decimal. But actually the area 1.80 d. belongs to petitioner and his brothers which has been coming from his ancestors and upon the said land House is standing since a long after issuing the "PATTA" by the Ex-land lord.

And/Or any other appropriate writ/writs, order/orders, direction for restraining the respondents not to interfere with or break the House of the petitioner and his 3 brothers which has made upon the said land, which exist since long."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.04, i.e. the Circle Officer, Benipatti, District-Madhubani for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U