Sanjay Munda @ Sanjay Kerketta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18406 of 2022 ====================================================== 1.

Sanjay Munda @ Sanjay Kerketta Son of Late Sorai Munda, Resident of Vill- Jhoragachh, Munda Tola, Ward No. 7, P.S.- Galgaliya, DistKishanganj. 2.

Rajesh Minj Son of Late Ibrahim Minj, Resident of Vill- Jhoragachh, Jhorapahar, Ward No. 7, P.S.- Galgaliya, Dist- Kishanbanj. 3.

Paskal Minj Resident of Vill- Jhoragachh, Jhorapahar, Ward No. 7, P.S.- Galgaliya, Dist- Kishanganj.

4.

Nikolas Minj Son of Late Ibrahim Minj, Resident of Vill- Jhoragachh, Jhorapahar, Ward No. 7, P.S.- Galgaliya, Dist- Kishanganj. 5.

Hemant Rajbhar Son of Lal Bhadur Rajbhar, Resident of Vill- Jhoragachh, Jhorapahar, Ward No. 7, P.S.- Galgaliya, Dist- Kishanganj. 6.

Najrul Islam Son of Late Abdul Aziz, Resident of Vill- Jhoragachh, (Jhorapahar), P.O.- Madati P.S.- Phansideva, Dist- Darjeling, West Bengal. 7.

Md. Abdul Sajjad Son of Md. Abdul Sattar, Resident of Vill- Jhoragachh, (Jhorapahar), P.O.- Madati P.S.- Phansideva, Dist- Darjeling, West Bengal. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Kishanganj.

3.

The Additional Collector, Land Reforms, Kishanganj. 4.

Deputy Collector Land Reforms, Kishanganj.

5.

Sub-Divisional Officer, Kishanganj.

6.

Circle Officer, Thakurganj, Kishanganj.

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-03-2023 The present writ petition has been filed seeking the following relief :- "(i) For issuance of a writ in the nature of certiorari and/ or any other appropriate writ or writs, order (s) or direction (s) for quashing the order dated 26.04.2022, issued under

Patna High Court CWJC No.18406 of 2022(4) dt.24-03-2023 2/2 Memo no. 754 dated 24.04.2022, by the respondent- Circle Officer, Thakurganj, Kishanganj, whereby petitioners have been directed to vacate the lands situated at Mauza Kukurbaghi, Thana no. 03, Khata no. 468, Plot no. 1901, area 55 acres and also for quashing of order dated 10.03.2022, issued under Memo no. 496 by the Circle officer, Thakurganj, Kishanganj whereby petitioners were directed to remove encroachment from the same land appertaining to an area 23 Acres without initiating any encroachment proceeding against the petitioners under provisions of Bihar Public Land Encroachment Act, 1956 and also without issuing show cause/ notice and during the pendency of this writ application, stayed the impugned order dated 26.04.2022."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent- authorities for redressal of their aforesaid grievance. Liberty so sought, is granted.

All other matters are de-tagged.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) rinkee/- U