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Patna High CourtCWJC/19099/2024disposed

Satan Ram v. The State Of Bihar

2024-12-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19099 of 2024 ====================================================== 1.

Satan Ram Son of Late Rajai Ram, Resident of village- Semara (Manjhariya), Anchal Piprasi, P.S.- Piprasi, District- West Champaran. 2.

Ramlal Ram Son of Late Rajai Ram, Resident of village- Semara (Manjhariya), Anchal Piprasi, P.S.- Piprasi, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, West Champaran at Bettiah.

3.

Anchal Adhikari, Piprasi Anchal, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the State :

Mr. Kumar Manish, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2024 Though the present writ petition has been filed for restraining the respondents from demolishing the residential houses and kitchen gardens of the petitioners, situated over the land, appertaining to Khata No.2, Khesara No.3255, situated at Thana No.52, Mauza-Semra (Manjharia), Circle-Piprasi, District-West Champaran, at Bettiah, however, at the outset, the learned counsel for the petitioners submits that since Jamabandi is existing in favour of the father of the petitioners, the petitioners would be approaching the Circle Officer, Piprasi, West Champaran by filing their objections, which be directed to be considered by the Circle Officer, Piprasi, who be also

Patna High Court CWJC No.19099 of 2024(2) dt.19-12-2024 2/2 directed to take final decision in the matter, only after initiating appropriate proceedings and cancellation of Jamabandi in question, if so warranted.

2. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to file their objection/representation before the Circle Officer, Piprasi, District-West Champaran, within a period of four weeks from today, which shall be considered by the Circle Officer, Piprasi, in accordance with law, whereafter, he shall take a decision as to whether encroachment proceedings are required to be initiated or not and till then no coercive action shall be taken against the petitioners.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U