Ramchandra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19433 of 2024 ====================================================== Ramchandra Singh Son of Late Bhadai Singh, Resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
2.
The District Magistrate, Aurangabad.
3.
The Superintendent of Police, Aurangabad.
4.
The Sub-Divisional Officer, Daudnagar, District - Aurangabad. 5.
The Deputy Collector, Land Reforms, Daudnagar, District- Aurangabad. 6.
The Circle Officer, Obra, District - Aurangabad. 7.
The S.H.O. Obra Police Station, District - Aurangabad. 8.
Mulu Nat Son of Balas Nat, resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
9.
Bahari Devi, Wife of Mulu Nat, resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
10.
Mangaru Nat, Son of Mulu Nat, resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
11.
Buchani Nat, Son of Mulu Nat, resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
12.
Thegu Nat, Son of Mulu Nat, resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
13.
Butan Nat, Son of Mulu Nat, resident of village- Tejpura, Police Station - Obra, District- Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate Mr. Vivek Kumar, Advocate For the State :
Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-01-2025 Heard learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):
(i) For issuance of an appropriate writ in the
Patna High Court CWJC No.19433 of 2024(2) dt.07-01-2025 2/3 nature of mandamus for commanding and directing the respondent authorities concerned to remove the encroachment from the land appertaining to Khata no. .28/4 Plot no.955, 1434, 390 area 10 decimal situated at village-Tejpura, Police Station-Obra District-Aurangabad, which is purchased land of the petitioner, which has been illegally encroached by the respondent nos.8 to 13.
(ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent Circle Officer, Obra, DistrictAurangabad to initiate encroachment proceeding against the respondent nos.8 to 13 and remove the encroachment from the land appertaining to Khata no.28/4 Plot no.955, 1434, 390 area 10 decimal situated at village-Tejpura, Police Station-Obra District-Aurangabad, which is purchased land of the petitioner, which has been illegally encroached by the respondent no.8 to 13.
(iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to vacate the land of the petitioner appertaining to Khata no.28/4 Plot no.955, 1434, 390 area 10 decimal situated at village-Tejpura Police Station-Obra, District-Aurangabad, which is purchased land in the name brother of the petitioner and after partition the said land has come in the share of the petitioner, which has been illegally and forcefully captured by the respondent nos.8 to 13 in connivance of the respondent authorities concerned.
(iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to dispose off the representation filed by the petitioner with reasoned and speaking order, but the same is still pending.
(v) For issuance of any other appropriate writ/writs order/orders, direction/directions for
Patna High Court CWJC No.19433 of 2024(2) dt.07-01-2025 3/3 which the writ petitioner will be found entitled in the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that the matter relates to encroachment of land and hence he prays to dispose of the writ petition with liberty to the petitioner to file appropriate suit before the appropriate Court.
4. Learned counsel for the State has no objection to this prayer of the petitioner.
5. In view of the submission of learned counsel for the petitioner, this case is disposed of with liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J) Harish/- U T