Chando Yadav Alias Chanda Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.466 of 2020 ====================================================== 1.
Chando Yadav alias Chanda Prasad Yadav Son of Late Dashrath Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka. 2.
Bindo Yadav alias Bindeshwari Yadav S/o Late Dashrath Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka. 3.
Mani Mohan Yadav Son of Late Dasrath Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka.
4.
Tun Tun Yadav Son of Late Titu Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka.
5.
Photo Yadav S/o Late Titu Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka.
6.
Bujo Yadav S/o Late Titu Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka.
7.
Nand lal Yadav Son of Late Titu Yadav Resident of Village- Gangti, P.S.- Dhoraiya, Dist.- Banka.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.
2.
The Collector Banka.
3.
The D.D.C. Banka.
4.
The S.D.O. Banka.
5.
The Anchal Adikari Dhoraiya, District- Banka. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Prasad Singh, Advocate For the Respondent/s :
Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-10-2024 The present writ petition has been filed seeking the following reliefs:- "1 i. For issuance of a writ of Certiorari to quash the notice dated 08-11-2019, issued by the Collector-cumAnchal Adhikari, Dhoraiya, to the petitioners to remove
Patna High Court CWJC No.466 of 2020(3) dt.23-10-2024 2/3 encroachment, alleged to have been made by them over the land, appertaining to Plot No.307, situated at villageGangti, Thana No.145, Anchal - Dhoraiya, Dist- Banka, without deciding the representation filed by the petitioners before the Anchal Adhikai, Dhoraiya on 6.03.2019, inasmuch as the petitioners are landless and are residing over the said land since more than 80 years. ii. For issuance of a writ of Mandamus, commanding the respondent, authority particularly the Anchal Adhikari to dispose off the representation filed by the petitioners before him, in accordance with law.
Iii. For issuance of a writ of mandamus, commanding the respondent authorities not to take any action for removal of encroachment, if any, alleged to have been made by the Petitioner, prior to passing of necessary orders, in accordance with law and disposing of the representation / petition of the Petitioners.
iv. For issuance of a writ of mandamus, commanding the respondent authorities to arrange for some other residential lands for the petitioners, in order to rehabilitate them, prior to them being removed from the land in question."
2.
After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law for redressal of their aforesaid grievances. Liberty, so sought, is
Patna High Court CWJC No.466 of 2020(3) dt.23-10-2024 3/3 granted.
3.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) kanchan/- U