Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1116 of 2025 ====================================================== Md. Sabir S/o Abdul Hannan Resident of Village- Ahmadpur, P.O.- Khesrahi, P.S.- Baligaon, Anchal- Patepur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Govt. of Bihar, Old Secretariate, Patna, 2.

The District Magistrate, Vaishali at Hajipur. 3.

The Sub-Divisional Officer, Mahua, District- Vaishali, 4.

The Deputy Collector Land Reforms, Mahua, District- Vaishali, 5.

The Circle Officer, Patepur Anchal, District- Vaishali, 6.

The Superintendent of Police, Vaishali at Hajipur, 7.

The S.H.O., Baligaon Police Station, District- Vaishali, 8.

Md. Samsujjoha S/o Late Abdul Hadi Resident of Village- Ahmadpur, P.O.- Khesrahi, P.S.- Baligaon, District- Vaishali. 9.

Sultana Begam W/o Md. Samsujjoha Resident of Village- Ahmadpur, P.O.- Khesrahi, P.S.- Baligaon, District- Vaishali. 10.

Md. Taukir Ahmad @ Sonu S/o Md. Samsujjoha Resident of VillageAhmadpur, P.O.- Khesrahi, P.S.- Baligaon, District- Vaishali. 11.

Md. Tafjil Ahmad @Saddam S/o Md. Samsujjoha Resident of VillageAhmadpur, P.O.- Khesrahi, P.S.- Baligaon, District- Vaishali. 12.

Md. Mohiuddin S/o Late Md. Mateen Resident of Village- Ahmadpur, P.O.- Khesrahi, P.S.- Baligaon, District- Vaishali. 13.

Md. Saddam S/o Late Md. Mateen Resident of Village- Ahmadpur, P.O.- Khesrahi, P.S.- Baligaon, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha For the Respondent/s :

Mr. Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2025

1. Heard learned counsel for the petitioner and learned SC-22 Mr. Raghwendra Kumar.

2. The learned counsel appearing on behalf f the petitioner submits that the instant writ application has been filed

Patna High Court CWJC No.1116 of 2025(2) dt.03-07-2025 2/3 for a direction upon the authorities specially respondent no.5 for removing the encroachment over the public land pertaining to Khata No.122/123, Khesra No.315, Area 3 decimal at village Ahmadpur, P.S. Baligaon, Anchal-Patepur, District- Vaishali, which has been encroached by the respondent no.8 to 13, thereby restraining the exit of the petitioner from his residential house built over his khatiyani land pertaining to Khata No.85, Plot No. 309, area 8 decimal.

3. The learned SC-22l at the outset submits that a counter affidavit has been filed and at Para-19, it has been specifically pleaded - that now the encroachment proceeding against the encroacher Md. Samsujjoha, son of Abdul Hadi is in process and likely the encroachment from plot no.315 (road) be removed soon by the answering respondent authority. It is also submitted that Encroachment Case No.5/2023-2024 has already been instituted for removing the aforesaid encroachment. The learned State counsel next submits that the writ application thus can be disposed of with a direction to the respondent no.5 for disposing of the Encroachment Case No.5/2023-2024 within a time frame.

4. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the respondent

Patna High Court CWJC No.1116 of 2025(2) dt.03-07-2025 3/3 no.5 to ensure that the Encroachment Case No.5/2023-2024 is disposed of within a period of four months from the date of receipt/production of a copy of this order, in accordance with law, after giving opportunity of hearing to all concerned. (Satyavrat Verma, J) amit/- U T