Parkash Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18325 of 2025 ====================================================== Parkash Rajak, Son of Late Bhola Rajak, Resident of Village- Kusmar, Ward No.- 9, Sangrampur, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Collector-cum-District Magistrate, Munger. 3.

The Circle Officer (Anchal Adhikari), Sangrampur, District- Munger. 4.

Nirmala Devi, D/o Sanjay Kumar Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

5.

Rukmani Devi, D/o Dukho Sah Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

6.

Hira Dubey, S/o Sukho Sah Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

7.

Jagdish Manjhi, S/o Sakki Manjhi Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

8.

Robin Sah, S/o Santu Sah Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

9.

Sanjay Kumar, S/o Kalyan Sah Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

10.

Sohan Manjhi, S/o Jhakhari Manjhi Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

11.

Mushani Devi, D/o Kashi Mandal Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

12.

Madho Manjhi, S/o Sanichar Manjhi Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

13.

Anita Devi, D/o Devan Yadav Resident of Village- Kusmar, P.S.- Sangrampur, District- Munger.

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma, Adv.

For the Respondent/s :

Mr.Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-11-2025 Heard the parties.

2. The present writ petition is filed for the following relief(s):-

Patna High Court CWJC No. 18325 of 2025(2) dt.20-11-2025 2/3 " i. For issuance of writ in the nature of mandamus commanding and directing the respondents, specially the Circle Officer, Sangrampur, Munger to dispose of Case No.-35/2025-26 after verifying the documents of both the parties and remove the encroachers, Respondent No.-4 to 13 who illegally possessed and examined the Khatiyani lands of the petitioner.

ii. For declaration and holding that petitioner deserves to remove the encroachers, Respondent No.-4 to 13 from the Khatiyani lands of the petitioner.."

3. Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties.

4. The only prayer sought for in the present writ petition is seeking disposal of the Encroachment Case No. 35/2025-26 filed by the petitioner herein against the Respondent Nos. 4 to 13.

5. Having regard to the same, the present writ petition is disposed of directing the Respondent No. 3, i.e., the Circle Officer, Sangrrampur, Munger to dispose of the Encroachment Case No. 35/2025-26 pending before it as expeditiously as possible preferably within a period of 3 months from the date of receipt of the copy of this order.

6. It is needless to mention that the authority before

Patna High Court CWJC No. 18325 of 2025(2) dt.20-11-2025 3/3 passing any order shall put the petitioner as well as the Respondent Nos. 4 to 13 on notice and give them an opportunity of hearing. In case the Respondent Nos. 4 to 13 have filed any objections the same shall be considered by the authority. Any order passed shall be communicated to the parties.

7. It is made clear that this Court has not gone into the merits of the case and leaving all issues open to be agitated by the parties has to be decided by the authority.

8. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U