Rahul Kumar @ Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 296 of 2024 ====================================================== 1.

Rahul Kumar @ Rahul Singh Son of Prem Prasad Singh, Resident of Village and P.O. - Bhagatpur, Balia, Laxminian, P.S. Balia, District - Begusarai. 2.

Hare Ram Singh Son of Sachitanand Prasad Singh, Resident of Village and P.O. - Bhagatpur, Balia, Laxminian, P.S. Balia, District - Begusarai. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

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

4.

The District Magistrate Begusarai, District - Begusarai. 5.

The Additional Collector, Land Reforms, Begusarai, District - Begusarai. 6.

The Sub-Divisional Officer, Balia District - Begusarai. 7.

The Circle Officer Balia, District - Begusarai. 8.

Daho Devi, Wife of Ghuran Mochi, resident of Village and P.O.- Bhagatpur, Balia, Laxminian, P.S. - Balia, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Respondent/s :

Mr.Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The present writ application is being filed for grant of following reliefs:- A. For issuance of an appropriate writ order or direction setting aside the Notice dated 17-02-2023. (Annexure- P/7) issued by the Circle Officer Balia, District- Begusarai

Patna High Court CWJC No. 296 of 2024(2) dt.25-04-2024 2/3 whereby inspite of show cause filed by petitioners and report submitted by Anchal Amin Balia regarding land in dispute i.e.

Mauza- Bhagatpur, Thana No- 621, Tauzi No- 1156, Khata No- 251, Khesra No- 586 without disclosing the boundary and without discussing the contents of show cause as well as report submitted by Anchal Amin Balia fresh notice has been issued by fixing date directing the petitioners to make their stand clear regarding possession over disputed land.

B. For issuance of an appropriate writ order or direction directing the respondents not to disturb the possession of petitioners and also drop the present proceeding till disposal of Title Suit No- 154/1993 filed for declaration of title, confirmation of possession and other ancillary reliefs regarding MauzaBhagatpur, Thana No- 621, Tauzi No- 1156, Khata No- 251, Khesra No- 586 area- 15 dhur in which State of Bihar and its

Patna High Court CWJC No. 296 of 2024(2) dt.25-04-2024 3/3 authorities including Circle Officer Balia, District- Begusarai is party, which is pending disposal in the court of learned Munsif Balia District- Begusarai.

C. For any relief or reliefs to which the petitioner is found entitled in the opinion of this Honble Court.

3. Learned counsel for the petitioners submits that he will be answering to the notice issued by the Circle Officer, Balia (Begusarai) dated 17.02.2023.

4. In that circumstance, the Circle Officer, Balia (Begusarai) has to take the matter to its logical conclusion after hearing the parties and perusing the records preferably within a period of four months from the date the copy of the order is provided to the office.

(Rajiv Roy, J) Guddu/- U