Ravindra Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19958 of 2018 ====================================================== 1.

Ravindra Rai and Anr 2.

Banka Rai, Both sons of Late Ganesh Rai, Resident of Village- Dipau, P.O. Talwa Pokhar, P.S.-Katwa, District- East Champaran, Bihar- 845437. ... ... Petitioners

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms, Bihar, Patna. 3.

The Commissioner, Tirhut Division, Muzaffarpur, Bihar. 4.

The Collector, East Champaran at Motihari.

5.

The Deputy Collector Land Reforms D.C.L.R. East Champaran at Motihari. 6.

The Sub-Divisional Officer, Sadar, Motihari, East Champaran. 7.

The Anchal Adhikari Circle Officer Kotawa, East Champaran. 8.

The Superintendent of Police, East Champaran at Motihari. 9.

The Dy. S.P. Sadar Motihari, East Champaran at Motihari. 10.

The Officer-in-Charge, Katawa Police Station, East Champaran. 11.

The Zila Parishad, East Champaran at Motihari through its Chairman. 12.

The Secretary cum Deputy Development Commissioner D.D.C., East Champaran at Motihari.

13.

The District Engineer, Zila Parishad, East Champaran at Motihari. 14.

The Junior Engineer, Zila Parishad, East Champaran at Motihari. 15.

The Amin, Zila Parishad, East Champaran at Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate For the Zila Parishad :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Raj Kishore Roy -Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-01-2025 Heard the learned counsel for the petitioner, the learned counsel appearing on behalf of Zila Parishad and the learned counsel appearing on behalf of the State.

2.

The present writ petition has been filed for the following reliefs:

(I) That it is humbly stated and submitted that this writ

Patna High Court CWJC No.19958 of 2018(2) dt.23-01-2025 2/2 application is issuance for appropriate writ/writs/order/orders, direction/directions to quash the Memo No. 398 dated 12.09.2018 (Annexure-7 herein) under the signature of Anchal Adhikari, Katawa (respondent no. 4 herein) and also further quash Memo No. 503, dated 15.09.2018 under the signature of District Engineer, Zila Parishad, East Champaran, Motihari therein. And;

(A) That is it humbly stated and submitted that this writ application is also for further order/orders, direction/directions and command/commands to the respondent no. 4 herein (Anchaladhikari Katwa) East Champaran to accord opportunity of hearing to these petitioners and also to consider the documents submitted and made available in the said eviction/encroachment proceeding.

(B) any other relief/reliefs, direction/directions, order/orders and command/commands in accordance with law.

3.

A counter-affidavit has been filed on behalf of the Zila Parishad which suggests that encroachment over the land in question has been removed by the authority concerned and counter-affidavit filed on behalf of respondent no. 9 also reiterates the contention of the learned counsel appearing on behalf of the Zila Parishad and suggests that encroachment has been removed over the land in question.

4.

In view of the stand taken by the State respondents, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U