Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3698 of 2023 In Civil Writ Jurisdiction Case No.10012 of 2021 ====================================================== Lalan Yadav Son of Bagad Yadav resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Kachahary Tola, P.S. - Paharpur Anchal - Paharpur, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through Shri Brajesh Melhotra the Principal Secretary Revenue and Land Reforms Department Government of Bihar. 2.

Shri Saurabh Jorwal the District Magistrate East Champaran at Motihari. 3.

Shri Arun Kumar, the Sub divisional Officer Sub division Areraj East Champaran Motihari.

4.

Shri Amit Kumar the Circle Officer, Paharpur, District East Champaran (Motihari).

5.

Shri Ambesh Kumar the Officer in charge, Police Station Patapur, District - East Champaran Motihari.

6.

Subhash Pandey, Son of Late Ramdeo Pandey, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari.

7.

Thag Pandey @ Yamuna Pandey, Son of Late Teja Pandey, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari. 8.

Ramesh Pandey, Son of Late Ramdeo Pandey, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari.

9.

Ganesh Yadav, son of Late Musahar Yadav, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari.

10.

Nand Kishore Upadhyay, Son of Bindhyachal Updhyay, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari. 11.

Jai Kisore Upadhyay Son of Byass Upadhyay Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur,

Patna High Court MJC No.3698 of 2023(2) dt.19-07-2024 2/3 District - East Champaran Motihari.

12.

Bikrama Pathak, son of Jadu Pathak, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari.

13.

Arbind Pandey, son of Prabhash Pandey, Resident of Village - Noneya Sakal Dipi Tola, Ward no. 4, P.O. - Noneya Ka Chahary Tola, P.S. Paharpur, District - East Champaran Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jainendra Kumar Pushkar, Advocate For the Opposite Party/s :

Mr.Standing Counsel 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024

1. The defects, pointed out by the Registry, are ignored.

2. The learned counsel for the opposite parties submits that the order of this Court dated 10.08.2022, passed in CWJC No.10012 of 2017, has stood complied with, inasmuch as the encroachment proceedings were in fact initiated by the Circle Officer, Paharpur, District-East Champaran at Motihari and the same had also been concluded with passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, however, later on it transpired that the land in question is not a public land, hence no further action has been taken.

3. At this juncture, the learned counsel for the

Patna High Court MJC No.3698 of 2023(2) dt.19-07-2024 3/3 petitioner submits that the petitioner be granted liberty to seek redressal of his subsisting grievances, if any, by availing such other remedies, as are otherwise available under the law. Liberty so sought is granted.

4. The petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U