Umesh Prasad Patel Alias Umesh Patel v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14883 of 2018 ====================================================== Umesh Prasad Patel Alias Umesh Patel, Son of Sri Birbahadur Patel, Resident of Village-Sonvarsha, Anchal and P.S.-Harsidhi, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Deputy Collector, Land Reforms, Areraj, East Champaran. 3.

Anchala Adhikari, Harsidhi Anchal, District-East Champaran. 5.

Mohan Patel, Son of Ramdeo Patel, 6.

Asha Patel, Son of Ramdeo Patel, 7.

Sanjay Patel, Son of Asha Patel, Private Respondent Nos. 5 to 7 are Resident of Village-Sonvarsha, Anchal and P.S.-Harsidhi, District-East Champaran.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate Mr. Sharad Kumar Verma, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner has filed the instant application for the following relief(s):- "That this is an application for issuance of an appropriate writ, order or direction, particularly in the nature of mandamus, directing respondent nos. 2 and 3 to implement the order dated 16.12.2011 passed by the Deputy Collector, Land Reforms, Areraj, East Champaran, in B. L. D. R. Case Nos. 17 and 26 of 2011-12, whereby

Patna High Court CWJC No.14883 of 2018(7) dt.24-04-2023 2/2 ownership on the land measuring about 6 dhur, under Khata No. 243, Khesra No. 943 was decided in favour of the petitioner, the private respondents were warned not to raise any unnecessary dispute over the land, and the Officer-in-charge of Harsidhi P. S. and Anchaladhikari, Harsidhi, to take necessary action in the matter."

Learned counsel for the petitioner submits that he has received a copy of the counter affidavit filed on behalf of the respondents wherein, it has been stated that the encroachment on the public land has been removed by the authorities. Learned counsel further submits that so far as encroachment on the private land of the petitioner herein is concerned which the petitioner purchased through a registered sale deed, the petitioner will be moving the appropriate forum/Court for its removal in accordance with law.

In view of the above, learned counsel for the petitioner seeks permission to dispose of the instant application. This writ application stands disposed of.

(Partha Sarthy, J) avinash/- U